2009AP2415 Sewart v. Silvercryst Limited, Inc.

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Civil Procedure
Arbitration

An arbitration agreement that provides for continuing jurisdiction of the arbitration board does not conflict with sec. 788.09.

“Silvercryst argues that the arbitration agreement conflicts with Wis. Stat. § 788.09 because the agreement allows for the continuing jurisdiction of the arbitration board. While it is true that a private arbitration agreement cannot violate Wisconsin arbitration statutes, see City of Madison v. Frank Lloyd Wright Found., 20 Wis. 2d 361, 383-84, 122 N.W.2d 409 (1963), Silvercryst offers no evidence of how the MBA arbitration agreement conflicts with Chapter 788 of the Wisconsin Statutes. Chapter 788 does not prohibit an arbitration agreement providing for interim decisions flowing from the continuing jurisdiction of arbitrators. The parties expressly agreed that the CAB had the power to exercise continuing jurisdiction during the ‘opportunity to make repairs’ period and to issue supplemental decisions. The November 15, 2006 decision was not a final decision but rather an interim order, whereby the parties expressly agreed that the CAB arbitration process would continue.”

“Both the November 15, 2006 and the May 13, 2009 decisions state, ‘[m]onetary sums awarded by the [CAB] represent the [CAB’s] final decision on a particular issue.’ The arbitration agreement and the Complaint Processing Procedures both provide that monetary awards may be entered as a judgment by a court of competent jurisdiction. Less than a week after the CAB issued its May 13, 2009 monetary award, the Sewarts applied for confirmation of the award in circuit court. The Sewarts have thus complied with the arbitration agreement and with Wis. Stat. § 788.09.”

Reversed and Remanded.

Recommended for publication in the official reports.

2009AP2415 Sewart v. Silvercryst Limited, Inc.

Dist. II, Waukesha County, Bohren, J., Reilly, J.

Attorneys: For Appellant: Deutch, Alan H., Fox Point; For Respondent: Anderson, Ross A., Milwaukee; Meier, Eric J., Milwaukee

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