Wisconsin Statutes
Wis. Stat. § 788.01 (2026)
Arbitration clauses in contracts enforceable
✓ current as of July 2026
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788.01788.01 Arbitration clauses in contracts enforceable. A provision in any written contract to settle by arbitration a controversy thereafter arising out of the contract, or out of the refusal to perform the whole or any part of the contract, or an agreement in writing between 2 or more persons to submit to arbitration any controversy existing between them at the time of the agreement to submit, shall be valid, irrevocable and enforceable except upon such grounds as exist at law or in equity for the revocation of any contract. This chapter shall not apply to contracts between employers and employees, or between employers and associations of employees, except as provided in s. 111.10, nor to agreements to arbitrate disputes under s. 292.63 (6s) or 230.44 (4) (bm).
788.01 HistoryHistory: 1979 c. 32 s. 64; Stats. 1979 s. 788.01; 1993 a. 16; 1997 a. 237, 254; 2001 a. 38; 2013 a. 20.
788.01 AnnotationAn insurer’s refusal to either pay the plaintiff’s claim under the uninsured motorist provision of its automobile policy or to submit to arbitration under an arbitration clause that could be invoked by either party constituted a breach of the contract and a waiver of the insurer’s right to later demand arbitration. Collicott v. Economy Fire & Casualty Co., 68 Wis. 2d 115, 227 N.W.2d 668 (1975).
788.01 AnnotationFailure to comply with provisions of ch. 298 [now this chapter] constitutes waiver of the contractual right to arbitration. State ex rel. Carl v. Charles, 71 Wis. 2d 85, 237 N.W.2d 29 (1976).
788.01 AnnotationIf the intent of the parties is not clearly expressed, the court favors construing an arbitration agreement as statutory rather than common law arbitration. Stradinger v. City of Whitewater, 89 Wis. 2d 19, 277 N.W.2d 827 (1979).
788.01 AnnotationAlthough courts have common law jurisdiction to enforce arbitration awards generally, they cannot enforce an award against the state absent express legislative authorization. State ex rel. Teaching Assistants Ass’n v. University of Wisconsin-Madison, 96 Wis. 2d 492, 292 N.W.2d 657 (Ct. App. 1980). But see State v. P.G. Miron Construction Co., 181 Wis. 2d 1045, 512 N.W.2d 499 (1994).
788.01 AnnotationMunicipal labor arbitration is within the scope of this chapter. Milwaukee District Council 48 v. Milwaukee Sewerage Commission, 107 Wis. 2d 590, 321 N.W.2d 309 (Ct. App. 1982).
788.01 AnnotationInsurance coverage is a proper matter for arbitration. Maryland Casualty Co. v. Seidenspinner, 181 Wis. 2d 950, 512 N.W.2d 186 (Ct. App. 1994).
788.01 AnnotationSovereign immunity is not applicable to arbitration, and there need not be specific statutory authority for the state to be subject to the arbitration provisions of this chapter. State v. P.G. Miron Construction Co., 181 Wis. 2d 1045, 512 N.W.2d 499 (1994).
788.01 AnnotationPreclusion doctrines preventing rehearing of identical claims are applicable to a limited extent in arbitration cases. Dane County v. Dane County Union Local 65, 210 Wis. 2d 267, 565 N.W.2d 540 (Ct. App. 1997), 96-0359.
788.01 AnnotationWhether the parties agreed to submit an issue to arbitration is a question of law for the courts to decide. Kimberly Area School District v. Zdanovec, 222 Wis. 2d 27, 586 N.W.2d 41 (Ct. App. 1998), 98-0783.
788.01 AnnotationThe trial court erred in ruling that the unavailability of the arbitrator named in an agreement resulted in a dissolution of the agreement’s arbitration provision. When the primary purpose of the dispute resolution provision in the agreement is to arbitrate disputes that arise between the parties, the unavailability of the named arbitrator does not nullify an arbitration provision. Madison Teachers, Inc. v. Wisconsin Education Ass’n Council, 2005 WI App 180, 285 Wis. 2d 737, 703 N.W.2d 711, 04-1053.
788.01 AnnotationThe designation of a specific arbitration service and the incorporation of its rules governing all aspects of arbitration was integral to the parties’ alternate dispute resolution (ADR) agreement to a degree as integral as the agreement to arbitrate itself. In light of a consent judgment effectively barring the arbitration service from arbitration, the ADR agreement failed altogether. Riley v. Extendicare Health Facilities, Inc., 2013 WI App 9, 345 Wis. 2d 804, 826 N.W.2d 398, 12-0311.
788.01 AnnotationThis section provides that a contractual provision to arbitrate is irrevocable “except upon such grounds as exist at law or in equity for the revocation of a contract.” No Wisconsin or federal case establishes that, once arbitration is contracted as the forum for dispute resolution, parties can never later contract for an alternative forum for dispute resolution. Fundamental principles of freedom to contract support the proposition that parties can subsequently contract to modify the terms of a previous contract. This chapter does not limit such freedom to contract. Another contract that clearly and expressly supersedes a first contract is grounds as exist at law or in equity for the revocation of a contract. Midwest Neurosciences Associates, LLC v. Great Lakes Neurosurgical Associates, LLC, 2018 WI 112, 384 Wis. 2d 669, 920 N.W.2d 767, 16-0601.
788.01 AnnotationArbitration is a matter of contract between private parties who enjoy that freedom. A circuit court has no authority to halt a contractually agreed upon arbitration. The circuit court may act only to ensure the parties who contracted for arbitration abide by their contractual agreement. State ex rel. CityDeck Landing LLC v. Circuit Court, 2019 WI 15, 385 Wis. 2d 516, 922 N.W.2d 832, 18-0291.
788.01 AnnotationIn this case, the credit union’s contractual authority to “change” the terms of its member agreement did not authorize it to unilaterally “add” an arbitration clause because the arbitration clause was not the type of change contemplated by the parties at the time of the original agreement. Pruett v. WESTconsin Credit Union, 2023 WI App 57, 409 Wis. 2d 607, 998 N.W.2d 529, 22-0887.
788.01 AnnotationWhile a court’s authority under the Federal Arbitration Act to compel arbitration may be considerable, it isn’t unconditional. A court should decide for itself whether 9 USC 1 of the Act’s “contracts of employment” exclusion applies before ordering arbitration. After all, to invoke its statutory powers to stay litigation and compel arbitration according to a contract’s terms, a court must first know whether the contract itself falls within or beyond the boundaries of the Act. New Prime Inc. v. Oliveira, 586 U.S. 105, 139 S. Ct. 532, 202 L. Ed. 2d 536 (2019).
788.01 AnnotationThe Federal Arbitration Act (FAA) precludes states from singling out arbitration provisions for suspect status. When state law prohibits outright the arbitration of a particular type of claim, the conflicting rule is displaced by the FAA. This section prohibits outright enforcing arbitration agreements in employment disputes, which means that it is displaced by the FAA. Nevill v. Johnson Controls International PLC, 364 F. Supp. 3d 932 (2019).
788.01 AnnotationCommercial Arbitration Agreements: Let the Signers Beware. Farmer. 61 MLR 466 (1978).
Notes of Decisions
Cited in 30
cases (4 in the last 5 years), 1982–2026 · leading case: Midwest Neurosciences Assocs., LLC v. Great Lakes Neurosurgical Assocs., LLC, 920 N.W.2d 767 (Wis. 2018).
Midwest Neurosciences Assocs., LLC v. Great Lakes Neurosurgical Assocs., LLC, 920 N.W.2d 767 (Wis. 2018). “Wis. Stat. § 788.01 . Before an action can be stayed to permit arbitration, the court must be "satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement.”
Leavitt v. Beverly Enter., Inc., 2010 WI 71 (Wis. 2010). “¶ 9 In an oral ruling, the circuit court determined that the arbitration agreement was valid under Wis. Stat. § 788.01 . [5] It also determined that the agreement was neither procedurally nor substantively unconscionable.”
In Re Marriage of Franke v. Franke, 2004 WI 8 (Wis. 2004). “[5] Wis. Stat. § 788.01 . [6] Id. [7] Ch. 274, Laws of 1931.”
Wisconsin Auto Title Loans, Inc. v. Jones, 2006 WI 53 (Wis. 2006). “§ 788.01 (2003-04), the Wisconsin analogue to the Federal Arbitration Act, states: A provision in any written contract to settle by arbitration a controversy thereafter arising out of the contract, or out of the refusal to perform the whole or any part of the contract, or an…”
State Ex Rel. Citydeck Landing LLC v. Circuit Court for Brown Cnty., 922 N.W.2d 832 (Wis. 2019). “788, comprises one constitutionally-permissible exception to a circuit court's original jurisdiction: A provision in any written contract to settle by arbitration a controversy thereafter arising out of the contract, or out of the refusal to perform the whole or any part of the…”
State v. P.G. Miron Constr. Co., 512 N.W.2d 499 (Wis. 1994). “" Section 788.01. Both the state and the court of appeals conclude that subjecting the state to those provisions would deny the state the prerogative of determining how and in what manner claims made against it shall be resolved.”
Kirk v. Credit Acceptance Corp., 2013 WI App 32 (Wis. Ct. App. 2013). “" Wis. Stat. § 788.01 . A provision in any written contract to settle by arbitration a controversy thereafter arising out of the contract, or out of the refusal to perform the whole or any part of the contract, or an agreement in writing between 2 or more persons to submit to…”
Loren Imhoff Homebuilder, Inc. v. Lisa Taylor, 2022 WI 12 (Wis. 2022). “" Wis. Stat. § 788.01 . The arbitrators are not required to have any legal education or background and are, instead, chosen based on "their integrity and impartiality as well as for their professional competence and knowledge of business affairs.”
State v. P. G. Miron Constr. Co., 498 N.W.2d 889 (Wis. Ct. App. 1993). “[i]f any claim, dispute or other matter remains unresolved after such review by the Administrator, arbitration may be initiated by either party to the dispute.”
Riley v. Extendicare Health Facilities, Inc., 2013 WI App 9 (Wis. Ct. App. 2012). “The Wisconsin Arbitration Act provides that "[a] provision in any written contract to [arbitrate] .”
Farmers Auto. Ins. Ass'n v. Union Pac. Ry. Co., 2008 WI App 116 (Wis. Ct. App. 2008). “See Wis. Stat. § 788.01 . The grounds for vacating an arbitration award are exceedingly narrow: (1) In either of the following cases the court in and for the county wherein the award was made must make an order vacating the award upon the application of any party to the…”
L. G., by Chippewa Fam. Servs., Inc. v. Aurora Residential Alternatives, Inc., 929 N.W.2d 590 (Wis. 2019). “(the "Arbitration Act")) governs the enforcement of arbitration agreements, and describes how to compel arbitration both before a lawsuit has been filed as well as when a lawsuit is already pending. We examine these provisions for what they might say about whether a motion to…”
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