Illinois - Chapter 7 - Interim Measures in the United States in Aid of Arbitration

Laura Kelly is an associate in Baker McKenzie's Chicago office and advises global companies in complex civil litigation and international arbitration. She has represented clients in proceedings before various arbitral bodies, including the ICC, AAA-ICDR, and JAMS. Ms. Kelly graduated cum laude and Phi Beta Kappa from Vanderbilt University and received her J.D. cum laude from Northwestern University Pritzker School of Law.

Michael L. Morkin is a recognized practitioner in international arbitration and litigation matters. With experience leading the world’s largest, busiest, and most diverse international arbitration practice in the world, he has seen it all. Mr. Morkin has handled arbitrations in Asia, Latin America, Europe, the Caribbean, and throughout the United States under the rules of nearly every institution in the world. He has successfully arbitrated disputes in hospitality, transportation, reinsurance, life sciences, energy, shipping, post-acquisition, intellectual property, and numerous commercial arrangements. His extensive experience has resulted in arbitration awards valued in excess of $1 billion.

Michael. Morkin also previously served as the managing partner of a prominent multinational law firm’s home office. Having successfully managed that significant business to record head count, brand recognition, revenue and profit, he brings each of his clients a unique commercial understanding in addition to his already successful track record as counsel.

Kyle Richard Olson is a partner in Baker McKenzie's Chicago office and specializes in international arbitration and cross-border advocacy on behalf of multinational businesses spanning across a range of industries, including: large scale manufacturing/industrial, global hospitality, pharmaceutical, medical device and supplies, healthcare systems, retail products and consumer goods, commercial lending, and engineering/ construction. Kyle Richard Olson has led multiple international arbitrations on behalf of U.S. and non-U.S. clients before the world’s major arbitral institutions, including the ICC, AAA-ICDR, SCC, and SIAC, and has tried several arbitrations, through the merits hearing phase, in venues across the United States and around the world. He holds a B.A. from Wake Forest University, an M.A. from King's College London, a J.D. from Northwestern University, and served in the Office of the Prosecutor for the International Criminal Tribunal for former Yugoslavia in The Hague before joining full time with Baker McKenzie in 2010.

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Originally from Interim Measures in the United States in Aid of Arbitration

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RELIEF PROVIDED BY COURTS

1. Are courts in your state authorized to issue orders of attachment, injunctions or other provisional orders with respect to arbitration proceedings?

To the extent that an arbitration agreement expressly states that such relief may be sought by a court, then Illinois courts are generally free to issue such relief. For instance, where an arbitration agreement incorporates the AAA Commercial Arbitration Rules or the JAMS Comprehensive Arbitration Rules, those rules specifically permit a party to seek provisional relief from the courts. See AAA Commercial Rules, R-37(c) (“A request for interim measures addressed by a party to a judicial authority shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.”); JAMS Arbitration Rules, Rule 24(e) (“Any recourse by a Party to a court for interim or provisional relief shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.”). Indeed, even absent such express language in an arbitration agreement, most courts sitting in Illinois will permit such relief. However, this may depend, in part, on: (i) whether the underlying dispute calls for international commercial arbitration, and (ii) whether the action seeking provisional relief is brought in a state or federal court sitting in Illinois.

For international commercial arbitrations, the Illinois circuit courts are empowered to issue provisional relief under the International Commercial Arbitration Act (“ICAA”), 710 ILCS 30/1, et seq. See 710 ILCS 30/5-15 (“It is not incompatible with an arbitration agreement for a party to request, before or during arbitral proceedings, from a court an interim measure of protection and for a court to grant the measure.”); see also 710 ILCS 30/1-5(b) (stating that the foregoing provision applies even if the international commercial arbitration is not taking place in Illinois).