This form is an Arbitration Reference Clause usable to compel arbitration in contracts where licensing, patents, or commercial trade secrets are a factor.
Title: Understanding the Wisconsin Arbitration Reference Clause: Types and Key Concepts Introduction: The Wisconsin Arbitration Reference Clause forms an essential part of legal agreements, outlining the parties' commitment to seek resolution through arbitration rather than litigation. This detailed description aims to shed light on the types and key concepts of the Wisconsin Arbitration Reference Clause. 1. Definition and Purpose: The Wisconsin Arbitration Reference Clause, also known as the "Wisconsin Arbitration Provision," refers to a contractual clause inserted to facilitate resolving disputes beyond the conventional court system. Parties willingly agree to refer any future disputes arising from the contract to an arbitrator or an arbitral panel, whose decision will be legally binding. 2. Types of Wisconsin Arbitration Reference Clauses: a) Mandatory Arbitration Reference Clause: Under this type, parties to a contract are obligated to submit disputes to arbitration as the sole method of resolving conflicts. Litigation is thus unequivocally excluded, ensuring that arbitration remains the chosen path at all times. b) Voluntary Arbitration Reference Clause: Contrary to the mandatory clause, the voluntary reference clause provides an option to either party to initiate arbitration proceedings, ultimately leaving the choice of dispute resolution method to the parties involved. If one party decides to exercise this option, the other party must agree to submit the dispute to arbitration. c) Mediation-Arbitration Reference Clause: This type of reference clause incorporates both mediation and arbitration principles. It requires parties to engage in a mandatory mediation process before resorting to arbitration. If mediation fails, the dispute moves forward to arbitration as the final means of resolution. 3. Key Concepts and Considerations: a) Arbitrator Selection: The Wisconsin Arbitration Reference Clause should specify the rules and procedures for appointing arbitrators or selecting an arbitral panel. Parties may agree to use a specific arbitration institution or nominate qualified arbitrators to ensure impartiality and expertise. b) Governing Law and Procedure: The clause should indicate the governing law under which arbitration will take place, such as the Wisconsin Uniform Arbitration Act. It should also outline the procedural guidelines for arbitration, including timelines, discovery process, and any other necessary factors. c) Arbitration Costs and Fees: Parties must address financial aspects within the clause, including the allocation of arbitration costs and whether loser-pays principles or equal sharing of fees will be applied. d) Enforceability and Finality: Wisconsin Arbitration Reference Clauses typically highlight the binding nature of arbitration decisions and the limited grounds for challenging or appealing such decisions, ensuring the finality of the arbitration process. Conclusion: The Wisconsin Arbitration Reference Clause provides parties with a reliable mechanism to resolve disputes outside the traditional court system. Understanding the different types, key concepts, and considerations surrounding this clause enables parties to craft comprehensive and effective agreements, fostering efficient dispute resolution in the state of Wisconsin.
