ROSEMARY KEEFE, on Behalf of Herself and All Others Similarly Situated, Plaintiff-Appellant, v. ALLIED HOME MORTGAGE CORPORATION and ALLIED HOME MORTGAGE CAPITAL CORPORATION, Defendants-Appellees., 2016 IL App (5th) 150360

Summary

HOLDINGS: [1]-The FAA, 9 U.S.C.S. § 5, could not be used to appoint a substitute arbitrator after the designated arbitrator became unavailable and salvage the arbitration rider because the arbitration rider specifically mandated that the arbitration of disputes "shall" be conducted under the chosen arbitrator's code and specifically directed that copies of the rules and claim forms could be obtained from the arbitrator and that claims could be filed with the arbitrator; because the designation of the arbitral forum and the agreement to arbitrate were of equal importance, the designation of the arbitrator was integral to the parties' agreement to arbitrate; [2]-The chosen arbitrator's code was an integral part of the agreement to arbitrate, and it could not be severed without gutting the arbitration rider.