Civil Procedure – arbitration — judicial review

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Wisconsin Court of Appeals

Civil

Civil Procedure – arbitration — judicial review

A party generally may not seek immediate circuit court review of an arbitration panel’s intermediate decision, but must instead wait to challenge that decision until the panel has rendered a final award; and an arbitration panel has exclusive authority to interpret an arbitration agreement to determine what procedures the agreement allows.

“In summary, we agree with the reasoning of those federal cases holding that an arbitration panel’s intermediate decisions are generally not immediately reviewable. If every individual decision of an arbitration panel were separately and independently reviewable by a circuit court, the advantages of arbitration would become meaningless, as both litigation costs and delay would increase significantly. See Borst, 291 Wis. 2d 361, ¶61 (purpose of arbitration is to resolve ‘entire controversy’ out of court without formality and expense normally associated with judicial process). Accordingly, we conclude a party generally may not seek immediate circuit court review of an arbitration panel’s intermediate decision. Instead, the party must wait and challenge that decision by seeking to vacate the panel’s final award, pursuant to WIS. STAT. § 788.10.”

Reversed.

Recommended for publication in the official reports.

2011AP2067 Marlow v. IDS Property Casualty Ins. Co.

Dist. III, Brown County, Zuidmulder, J., Peterson, J.

Attorneys: For Appellant: Konz, Michael P., Appleton; Fuehrer, Erik L., Appleton; For Respondent: Tease, Ralph J., Jr., Green Bay; Lanford, Rhonda L., Madison