Many businesses include an arbitration provision in their contracts to enhance speed, ensure efficiency, and provide consistency in resolving business disputes. While most courts generally favor arbitration if agreed by the parties, a recent court ruled that the business filing a motion to dismiss a lawsuit before filing its motion to compel arbitration waived the contractual right to arbitrate the dispute. Be careful how you or your lawyer responds to a lawsuit to avoid waiving your contractual right to arbitrate the dispute.

If you have any questions or if we can assist you, please contact us.

This Bulletin is designed to provide our friends and clients with information regarding the various subject matters covered, it is not designed to take place of legal, accounting, or other professional advice.  If expert assistance is required, the services of a competent professional should be sought. This memorandum may constitute advertising under the rules regulating Illinois attorneys.