Contracts — arbitration

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Wisconsin Court of Appeals

Civil

Contracts — arbitration

A time limitation regarding initiation of arbitration in a contract is a proper subject for court review.

“In sum, assuming without deciding that there is a construction of the agreement to arbitrate that would, on its face, require arbitration of the fees-and-costs dispute, Graham undertook in the agreement to arbitrate an obligation to arbitrate only those disputes initiated within 180 days of closings or of the discovery of disputes with reasonable diligence, whichever came later. Because First Weber failed to point to clear and unmistakable language in the agreement to arbitrate showing that this issue was to be resolved in the arbitration process, the circuit court properly addressed the question of whether the fees and costs dispute here was subject to arbitration in light of the 180-day time limitation.”

Affirmed.

Recommended for publication in the official reports.

2013AP1205 First Weber Group, Inc., v. Synergy Real Estate Group, LLC

Dist. IV, Dane County, Colas, J., Blanchard, J.

Attorneys: For Appellant: Moermond, Kim, Madison; For Respondent: Graham, James N., Madison