Section ATCP 162.05 - Arbitration(1) REQUEST FOR ARBITRATION. A person requesting arbitration shall submit that request to the department in writing, on a form provided by the department. A request for arbitration shall include all the following:(a) A signed agreement by all parties to participate in arbitration. No person may be included as a party in an arbitration proceeding without that person's signed agreement.(b) A preliminary statement of the issue or issues the parties seek to resolve by arbitration.(c) The name and address of each party, or the party's representative in the arbitration proceeding.(d) An agreed method for appointing an arbitrator under sub. (5).(e) An identification of every court action currently pending between the parties. If any court action is pending, the request for arbitration shall include a copy of any court order under s. 93.50(2m), Stats., suspending the court action pending arbitration. No issue contested between the parties in a court action may be arbitrated under this chapter unless the court enters an order suspending the court action pending arbitration.(f) If no court action is currently pending between the parties, an agreement by the parties to refrain from initiating any court action against another party for at least 60 days, or until arbitration is completed, whichever occurs first. Note: You may obtain an arbitration request form from the department, and submit a completed request form to the department, at the following address:
Wisconsin Department of Agriculture, Trade and Consumer Protection
Agricultural Development Division, Farm Center
2811 Agriculture Drive
P.O. Box 8911
Madison, WI 53708-8911
(2) ARBITRATOR APPOINTMENT. (a) The department may provide the parties with the names, addresses and qualifications of potential arbitrators, as provided in s. 93.50(4) (e), Stats., or may appoint an arbitrator with the authorization of the parties.(b) If any party declines to authorize department appointment of an arbitrator, the parties may choose an arbitrator from among those named by the department under s. 93.50(4) (e), Stats. The department shall then appoint the chosen arbitrator.(c) When the department appoints an arbitrator under par. (a) or (b), the department shall give all parties notice of the appointment.(d) The appointed arbitrator shall enter into a written agreement with the department under s. ATCP 162.03 (2), Stats., and shall then assume responsibility for directing the arbitration proceeding.(3) ARBITRATION AGREEMENT. After the arbitrator is appointed and before the arbitration proceeding begins, the parties shall enter into a specific arbitration agreement. The department shall oversee the preparation of the agreement. The agreement shall include all the following: (a) A specific agreement by all parties to arbitrate, and to abide by the arbitration award.(b) A specific statement of the issue or issues to be decided in arbitration.(c) The procedures that the arbitrator will follow.(4) ARBITRATION PROCEEDINGS. An arbitrator shall conduct arbitration proceedings according to ch. 788, Stats., and the arbitration agreement under sub. (3). Arbitrators have the authority provided under ch. 788, Stats., and the arbitration agreement. This subsection does not authorize any proceedings in violation of a court order or an automatic stay in bankruptcy.(5) ARBITRATION AWARD. An arbitrator shall issue an award in writing. The arbitrator shall serve a copy of the award on each party and on the department.(6) COURT REVIEW AND ENFORCEMENT. A court may confirm, modify, correct or enforce an arbitration award, as provided in s. 788.03, Stats.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 162.05
Amended by, CR 04-005: cr. Register October 2004 No. 586, eff. 11-1-04.