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Ct. App. 1984) ("[E]very state that has considered the question | | of jurisdiction to confirm the award has focused on the place of | | arbitration and not the locus of the contract. * * * [T]he place | | of contracting is not always, or even frequently, the convenient | | location for arbitration. Modern business operates in a multi- | | state environment, and the parties should be permitted to choose | | the place of arbitration and confirmation upon consideration of | | convenience, and not upon artificial concepts of the place of | | contracting."); see also General Elec. Co. v. Star Technologies, | | Inc., 1996 WL 377028 (Del. Ch., June 13, 1996); Stephanie's v. | | Ultracashmere House LTD, 98 Ill.App. 3d 654, 424 N.E.2d 979, 54 | | Ill.Dec. 229 (1981); Tru Green Corp. v. Sampson, 802 S.W.2d 951 | | (Ky. App. 1991); Kearsarge Metallurgical Corp. v. Peerless Ins. | | Co., 383 Mass. 162, 418 N.E.2d 580 (1981). |
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| | | 4. It should be noted that in accordance with Section | | 4(b)(1) parties can waive the requirements of Section 26 after | | a dispute arises under an arbitration agreement. |
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| | | A motion pursuant to section 8705 must be made in the | | Superior Court of the county in which the agreement to | | arbitrate specifies the arbitration hearing is to be held or, | | if the hearing has been held, in the Superior Court of the | | county in which it was held.__Otherwise, the motion may be | | made in the Superior Court of any county in which an adverse | | party resides or has a place of business or, if no adverse | | party has a residence or place of business in this State, in | | the Superior Court of any county in this State.__All | | subsequent motions must be made in the court hearing the | | initial motion unless the court otherwise directs. |
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| | | 1. Oftentimes the parties in their arbitration agreement | | determine the location of the arbitration hearing. If the | | arbitration clause does not provide for a location, Section 15 | | allows the arbitrator to set the location of the hearing. The | | venue provisions in this section give priority to the county | | in which the arbitration hearing was held. |
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| | | 2. Choice-of-forum clauses and, as a result, venue | | provisions have the potential to cause problems in adhesion | | situations. It should be noted that courts, in determining the | | enforceability of arbitration agreements under provisions such | | as Section | | 6(a) have voided as unconscionable clauses in arbitration | | agreements that require persons to arbitrate in distant |
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