MHR Estate Plan, LLC v. K&G Partnership

Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2016 IL App (3d) 150744
Decision Date: 
Tuesday, July 26, 2016
District: 
3d Dist.
Division/County: 
Will Co.
Holding: 
Reversed and remanded.
Justice: 
O'BRIEN

Respondent, an Illinois general partnership, entered into a restated partnership agreement for purpose of continued development of a mobile home park. That trust, and two other trusts, and their trustees, were named as respondents in action to dissolve original partnership and appoint a receiver. Complaint alleged breaches of partnership agreement. Court erred in denying Respondents' motion to dismiss. Arbitration clause in partnership agreement was broad, providing that all disputes arising under agreement were subject to arbitration. As dissolution and liquidation provisions were in dispute, under broad arbitration clause, those issues were subject to arbitration, or at least reasonably in doubt, so that arbitrators should have determined meaning of arbitration clause.(SCHMIDT and WRIGHT, concurring.)