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eBook details

• Title: Matter Arbitration Between Employers
• Author : Supreme Court of Wisconsin
• Release Date : January 28, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 75 KB

Description

WILCOX, J. This is a review of a Published decision of the court of appeals, Employers Ins. of Wausau v. Jackson, 178 Wis. 2d 755, 505 N.W.2d 147 (Ct. App. 1993). The court of appeals affirmed an order of the circuit court for Marathon County, Raymond F. Thums presiding, which confirmed the naming of two arbitrators by Employers Insurance of Wausau (Wausau) in an arbitration proceeding initiated by Wausau against certain underwriters at Lloyd's of London (Lloyd's). 1 The Parties raise several issues for our consideration, but the overriding issue can be summarized as follows: Whether a circuit court has the authority, pursuant to the Wisconsin Arbitration Act, to confirm the appointment of an arbitrator in accordance with the terms of the applicable arbitration agreement when the parties themselves have reached a deadlock that is preventing successful arbitration of the underlying dispute. We conclude that the circuit courts have this authority and, therefore, we affirm the decision of the court of appeals. Beginning in 1966, Wausau and Lloyd's entered into a series of contracts called ""excess retrocessional insurance treaties."" Under these treaties, Lloyd's reinsured reinsurance contracts issued by Wausau's professional reinsurance department to other insurance companies. 2 Wausau employed a New York broker, Pritchard & Baird, Inc., which in turn engaged a London broker, Leslie & Godwin, Ltd., to act as intermediaries for the negotiating and drafting of the terms of the agreements. In this regard, the language of the agreement provides: ""Pritchard & Baird, Inc., . . . are hereby recognized as the intermediary negotiating this Agreement and through whom all communications and transactions relating thereto shall be transmitted to both parties."" At issue in the present case are treaties in force between Lloyd's and Wausau for the period July 1, 1966 to June 30, 1973.

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