Shadow v. Empire Carpets
Empire Carpets California Limited Partnership (Empire) appeals from an order denying its motion to compel arbitration as to claims brought by David Shadow (Shadow) and Cynthia Macklin (Macklin) (collectively plaintiffs). Empire claims that the trial court erred in applying California law, rather than Illinois law, in determining that the arbitration agreements were not enforceable. A choice of law provision found in the contracts between Empire and plaintiffs mandates that Illinois law govern the contracts. We find that the trial court should have honored the parties contractual choice of law in determining the issues raised by Empires motion to compel arbitration. Therefore, court reverse and remand for a determination of whether the contractual arbitration provision is enforceable under Illinois law.
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