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Wis. Stat. § 788.11

Modification of award

Known as the The Wisconsin Arbitration Act

The act spans §§ 788.01 to 788.18 (18 sections).

Applied in 5 court decisions — leading case In RE MARRIAGE OF FRANKE v. Franke (2004)

Most recently applied in 384 Wis. 2d 669 - Midwest Neurosciences Associates, LLC v. Great Lakes Neurosurgical Associates, LLC (December 2018)

1979 c. 32 s. 64; Stats. 1979 s. 788.11

How often courts cite this section

20042010201810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) In either of the following cases the court in and for the county wherein the award was made must make an order modifying or correcting the award upon the application of any party to the arbitration:

(a) Where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the award;

(b) Where the arbitrators have awarded upon a matter not submitted to them unless it is a matter not affecting the merits of the decision upon the matters submitted;

(c) Where the award is imperfect in matter of form not affecting the merits of the controversy.

(2) The order must modify and correct the award, so as to effect the intent thereof and promote justice between the parties.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.