Keefe v. Allied Home Mortgage Corporation

Illinois Appellate Court
Civil Court
Arbitration
Citation
Case Number: 
2016 IL App (5th) 150360
Decision Date: 
Saturday, November 26, 2016
District: 
5th Dist.
Division/County: 
St. Clair Co.
Holding: 
Reversed and remanded.
Justice: 
CATES

Court erred in finding parties' arbitration agreement enforceable and in granting Defendants' motion to compel arbitration. The National Arbitration Forum (NAF) is no longer able to conduct arbitrations involving consumer loans. The unavailability of NAF and absence of 1999 NAF Code leave parties without their designated arbitrator and rules specifically chosen to govern arbitration. Designation of NAF as arbitral forum and term mandating use of 1999 NAF Code were integral to parties' arbitration agreement.(MOORE, concurring; SCHWARM, dissenting.)