788.10 Annotation
Party cannot complain to courts that arbitrator acted outside scope of authority if objection not raised before arbitrator. DePue v. Mastermold, Inc., 161 W (2d) 697, 468 NW (2d) 750 (Ct. App. 1991).
788.10 Annotation
A party disputing the existence of an agreement to arbitrate may choose not to participate in arbitration and challenge the existence of the agreement by motion to vacate the award under sub. (10) (d). Scholl v. Lundberg, 178 W (2d) 259, 504 NW (2d) 115 (Ct. App. 1993).
788.10 Annotation
Where arbitrators had a reasonable basis for not following case law, the arbitrators' decision will not be interfered with by the court. Lukowski v. Dankert, 184 W (2d) 142, 515 NW (2d) 883 (1994).
788.10 Annotation
"Evident partiality" under sub. (1) (b) exists only when a reasonable person knowing previously undisclosed information would have such doubts about the arbitrator's impartiality that the person would have taken action on the information. DeBaker v. Shah, 194 W (2d) 104, 533 NW (2d) 464 (1995).
788.10 Annotation
This section does not prevent vacation of an arbitration award on the basis of a manifest disregard of the law. Employers Insurance of Wausau, 202 W (2d) 674, 552 NW (2d) 420 (Ct. App. 1996).
788.10 Annotation
An arbitrator's award that relied on oral testimony, with no formal record, rather than the wording of the prevailing party's proposal was not final and definite as required by sub. (1) (d). LaCrosse Professional Police Association v. City of LaCrosse, 212 W (2d) 90, 568 NW (2d) 20 (Ct. App. 1997).
788.10 Annotation
That an arbitrator makes a mistake by erroneously rejecting a valid legal defense does not provide grounds for vacating an award unless the arbitrator deliberately disregarded the law. Flexible Manufacturing Systems v. Super Products Corp. 86 F (3d) 96 (1996).
788.11
788.11
Modification of award. 788.11(1)
(1) In either of the following cases the court in and for the county wherein the award was made must make an order modifying or correcting the award upon the application of any party to the arbitration:
788.11(1)(a)
(a) Where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the award;
788.11(1)(b)
(b) Where the arbitrators have awarded upon a matter not submitted to them unless it is a matter not affecting the merits of the decision upon the matters submitted;
788.11(1)(c)
(c) Where the award is imperfect in matter of form not affecting the merits of the controversy.
788.11(2)
(2) The order must modify and correct the award, so as to effect the intent thereof and promote justice between the parties.
788.11 History
History: 1979 c. 32 s.
64; Stats. 1979 s. 788.11.
788.11 Annotation
Intent of parties controls determination under (1) (b) whether matter was submitted to arbitrator. Milw. Pro. Fire Fighters Local 215 v. Milwaukee, 78 W (2d) 1, 253 NW (2d) 481.
788.11 Annotation
Court had no jurisdiction to vacate or modify award where grounds under 788.10 or 788.11 did not exist. Milwaukee Police Asso. v. Milwaukee, 92 W (2d) 175, 285 NW (2d) 133 (1979).
788.12
788.12
Judgment. Upon the granting of an order confirming, modifying or correcting an award, judgment may be entered in conformity therewith in the court wherein the order was granted.
788.12 History
History: 1979 c. 32 s.
64; Stats. 1979 s. 788.12.
788.12 Annotation
There is no statutory authority for awarding costs to a party in an arbitration proceeding. Finkenbinder v. State Farm Mutual Insurance Co. 215 W (2d) 145, 572 NW (2d) 501 (Ct. App. 1997).
788.13
788.13
Notice of motion to change award. Notice of a motion to vacate, modify or correct an award must be served upon the adverse party or attorney within 3 months after the award is filed or delivered, as prescribed by law for service of notice of a motion in an action. For the purposes of the motion any judge who might make an order to stay the proceedings in an action brought in the same court may make an order, to be served with the notice of motion, staying the proceedings of the adverse party to enforce the award.
788.13 History
History: 1979 c. 32 s.
64;
1979 c. 176; Stats. 1979 s. 788.13.
788.13 Annotation
See note to 788.09, citing Milwaukee Police Asso. v. Milwaukee, 92 W (2d) 145, 285 NW (2d) 119 (1979).
788.13 Annotation
Under federal labor law, this section governs challenges to arbitration decisions. Teamsters Local No. 579 v. B&M Transit, Inc., 882 F (2d) 274 (1989).
788.14
788.14
Papers filed with motion regarding award; entry of judgment, effect of judgment. 788.14(1)
(1) Any party to a proceeding for an order confirming, modifying or correcting an award shall, at the time the order is filed with the clerk of circuit court for the entry of judgment thereon, also file the following papers with the clerk of circuit court:
788.14(1)(a)
(a) The agreement, the selection or appointment, if any, of an additional arbitrator or umpire, and each written extension of the time, if any, within which to make the award;
788.14(1)(c)
(c) Each notice, affidavit or other paper used upon an application to confirm, modify or correct the award, and a copy of each order of the court upon such an application.
788.14(2)
(2) The judgment shall be entered in the judgment and lien docket as if it was rendered in an action.
788.14(3)
(3) The judgment so entered shall have the same force and effect, in all respects, as, and be subject to all the provisions of law relating to, a judgment in an action; and it may be enforced as if it had been rendered in an action in the court in which it is entered.
788.14 History
History: 1979 c. 32 s.
64; Stats. 1979 s. 788.14;
1995 a. 224.
788.15
788.15
Appeal from order or judgment. An appeal may be taken from an order confirming, modifying, correcting or vacating an award, or from a judgment entered upon an award, as from an order or judgment in an action.
788.15 History
History: 1979 c. 32 s.
64; Stats. 1979 s. 788.15.
788.15 Annotation
An order or judgment of the court directing the parties to submit a dispute to arbitration is not appealable. Teamsters Union Local 695 v. Waukesha County, 57 W (2d) 62, 203 NW (2d) 707.
788.15 Annotation
An order to proceed with arbitration is not appealable. Worthington v. Farmers Ins. Exch. 64 W (2d) 108, 218 NW (2d) 373.
788.17
788.17
Title of act. This chapter may be referred to as "The Wisconsin Arbitration Act".
788.17 History
History: 1979 c. 32 s.
64; Stats. 1979 s. 788.17.
788.18
788.18
Not retroactive. The provisions of this chapter shall not apply to contracts made prior to June 19, 1931.
788.18 History
History: 1979 c. 32 s.
64; Stats. 1979 s. 788.18.
