788.10 Annotation
If 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 Wis. 2d 142,
515 N.W.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 Wis. 2d 104,
533 N.W.2d 464 (1995).
788.10 Annotation
This section does not prevent the vacation of an arbitration award on the basis of a manifest disregard of the law. Employers Insurance of Wausau v. Lloyd's London,
202 Wis. 2d 673,
552 N.W.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 Wis. 2d 90,
568 N.W.2d 20 (Ct. App. 1997).
788.10 Annotation
That an arbitrator made 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
The intent of the parties controls a determination under sub. (1) (b) whether a matter was submitted to the arbitrator. Milwaukee Professional Fire Fighters Local 215 v. Milwaukee,
78 Wis. 2d 1,
253 N.W.2d 481 (1977).
788.11 Annotation
A court had no jurisdiction to vacate or modify an award if grounds under s. 788.10 or 788.11 did not exist. Milwaukee Police Association v. Milwaukee,
92 Wis. 2d 175,
285 N.W.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 Wis. 2d 145,
572 N.W.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
The time limit under s. 788.13 does not apply when the prevailing party moves to confirm under s. 788.09 and an adverse party wishes to raise objections under ss. 788.10 and 788.11. Milwaukee Police Association v. Milwaukee,
92 Wis. 2d 145,
285 N.W.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 Wis. 2d 62,
203 N.W.2d 707 (1973).
788.15 Annotation
An order to proceed with arbitration is not appealable. Worthington v. Farmers Insurance Exchange,
64 Wis. 2d 108,
218 N.W.2d 373 (1978).
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.
