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Opportunity Lost

01 Aug 2001

The Illinois Supreme Court held that business investors lost the opportunity to contest the arbitrability of a dispute in their appeal of the arbitration award in favor of the opposing party. The Court based its ruling on the investors™ failure to appeal an order denying their motion to stay the arbitration of the dispute. The Court noted that Illinois Supreme Court Rule 307(a) specifically authorizes interlocutory appeal of a denial of a motion to stay an arbitration. The investors™ failure to pursue a Rule 307(a) appeal of the denial of their motion to stay caused that order to become final and not subject to subsequent challenge on appeal. Salsitz v. Kreiss, No. 89156, 2000 WL 1763323 (Ill. Dec. 1, 2000).

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