construction of the arbitration clause (Wisconsin) · Go Syfert
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construction of the arbitration clause in Wisconsin

7 Wisconsin opinions name it 2 courts 1994–2026 2 in the last five years

The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Mortimore v. Merge Technologies Inc.green
wisctapp · 2012 · cited in 3 Wisconsin opinions naming this issue, 2018–2026
2 sentences

2026See Mortimore, 344 Wis. 2d 459, ¶16 (“In essence, in determining whether a dispute is arbitrable, our ‘function is limited to a determination of whether: (1) there is a construction of the arbitration clause that would cover the grievance on its face and (2) whether any other provision of the contract specifically excludes it.’” (quoting Cirilli, 322 Wis. 2d 238, ¶14 ) (emphasis added)).

2018In Mortimore , the court of appeals explained that when the parties have contracted to arbitrate, the court's "function is limited to a determination of whether: (1) there is a construction of the arbitration clause that would cover the grievance on its face and (2) whether any other provision of the contract specifically excludes it." Mortimore , 344 Wis. 2d 459 , ¶ 16, 824 N.W.2d 155 . ¶42 Wisconsin's "policy of encouraging arbitration as an alternative to litigation," see First Weber Grp. , 361 Wis. 2d 496 , ¶ 24, 860 N.W.2d 498 , however, is not limitless.

13
Cirilli v. Country Insurance & Financial Servicesgreen
wisctapp · 2009 · cited in 3 Wisconsin opinions naming this issue, 2012–2026
2 sentences

2026See Mortimore, 344 Wis. 2d 459, ¶16 (“In essence, in determining whether a dispute is arbitrable, our ‘function is limited to a determination of whether: (1) there is a construction of the arbitration clause that would cover the grievance on its face and (2) whether any other provision of the contract specifically excludes it.’” (quoting Cirilli, 322 Wis. 2d 238, ¶14 ) (emphasis added)).

2025In considering whether a particular dispute should be arbitrated, our “function is limited to a determination of whether: (1) there is a construction of the arbitration clause that would cover the [dispute] on its face and (2) whether any other provision of the contract specifically excludes it.” Cirilli, 322 Wis. 2d 238, ¶14 (citing Joint Sch.

13

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
First Weber Group, Inc. v. Synergy Real Estate Group, LLC green
wis · 2015
2 sentences

2018In Mortimore , the court of appeals explained that when the parties have contracted to arbitrate, the court's "function is limited to a determination of whether: (1) there is a construction of the arbitration clause that would cover the grievance on its face and (2) whether any other provision of the contract specifically excludes it." Mortimore , 344 Wis. 2d 459 , ¶ 16, 824 N.W.2d 155 . ¶42 Wisconsin's "policy of encouraging arbitration as an alternative to litigation," see First Weber Grp. , 361 Wis. 2d 496 , ¶ 24, 860 N.W.2d 498 , however, is not limitless.

2018In Mortimore , the court of appeals explained that when the parties have contracted to arbitrate, the court's "function is limited to a determination of whether: (1) there is a construction of the arbitration clause that would cover the grievance on its face and (2) whether any other provision of the contract specifically excludes it." Mortimore , 344 Wis. 2d 459 , ¶ 16, 824 N.W.2d 155 . ¶42 Wisconsin's "policy of encouraging arbitration as an alternative to litigation," see First Weber Grp. , 361 Wis. 2d 496 , ¶ 24, 860 N.W.2d 498 , however, is not limitless.

22018–2018
Midwest Neurosciences Associates, LLC v. Great Lakes Neurosurgical Associates, LLC green
wis · 2018
2 sentences

2026In Midwest Neurosciences Assocs., LLC v. Great Lakes Neurosurgical Assocs., LLC, 2018 WI 112 , 384 Wis. 2d 669 , 920 N.W.2d 767 , the court stated that, “when the parties have contracted to arbitrate, the court’s ‘function is limited to a determination of whether: (1) there is a construction of the arbitration clause that would cover the grievance on its face and (2) whether any other provision of the contract specifically excludes it.’” Id., ¶41 (quoting Mortimore v. Merge Techs.

2026In Midwest Neurosciences Assocs., LLC v. Great Lakes Neurosurgical Assocs., LLC, 2018 WI 112 , 384 Wis. 2d 669 , 920 N.W.2d 767 , the court stated that, “when the parties have contracted to arbitrate, the court’s ‘function is limited to a determination of whether: (1) there is a construction of the arbitration clause that would cover the grievance on its face and (2) whether any other provision of the contract specifically excludes it.’” Id., ¶41 (quoting Mortimore v. Merge Techs.

12026–2026
Racine Education Ass'n v. Racine Unified School District green
wisctapp · 1993
2 sentences

1998Id. at 281 , 500 N.W.2d at 382 .

1998Id. at 281 , 500 N.W.2d at 382 .

11998–1998
Joint School District No. 10 v. Jefferson Education Ass'n green
wis · 1977
2 sentences

1994No. 10 v. Jefferson Ed. Assn., 78 Wis. 2d 94, 101 , 253 N.W.2d 536 (1977). 6 When a court determines arbitrability its function "is limited to a determination whether there is a construction of the arbitration clause that would cover the grievance on its face and whether any other provision of the contract specifically excludes it." Jefferson Jt.

1994No. 10 v. Jefferson Ed. Assn., 78 Wis. 2d 94, 101 , 253 N.W.2d 536 (1977). 6 When a court determines arbitrability its function "is limited to a determination whether there is a construction of the arbitration clause that would cover the grievance on its face and whether any other provision of the contract specifically excludes it." Jefferson Jt.

11994–1994

Statutes the citing opinions construe

WI § Wis. Stat. § 788.02 (6) WI § Wis. Stat. § 788.03 (4) WI § Wis. Stat. § 788.01 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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