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  • WisBar News
    July
    12
    2005

    Member input sought on section Amicus request

    Deb Heneghan
    Publications Reporter

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    The Alternative Dispute Resolution Section requests authorization to file an amicus brief in Borst v. Allstate Insurance Co., currently before the Court of Appeals. The Board of Governors will consider the request on July 22. Timely member input on whether the Section amicus should be authorized is invited. Comments received by July 20 will be included in the board materials.

    Member input sought on section Amicus request

    July 12, 2005 - The Alternative Dispute Resolution (ADR) Section requests authorization to file an amicus brief in Borst v. Allstate Insurance Co., currently before the Court of Appeals.

    At issue is:

    1. Evident partiality of an arbitrator [s. 788.10(1)(b)] has been discussed and defined in Richco Structures v. Parkside Village, 82 Wis.2d 547 (1978) and DeBaker v. Shah, 194 Wis.2d 104 (1995). Does an arbitrator who is a named member of a law firm, regularly retained by the insurance company party to the arbitration, have evident partiality which disqualifies him or her? Or, is it sufficient that the "suspect" arbitrator make a full disclosure at the outset of the arbitration proceeding and make a declaration of impartiality? See DeBaker, 194 Wis.2d at 114.

    2. Section 788.08 provides that the arbitrators may approve the petition of a party to a court of record for permission to conduct a deposition. Do the arbitrators have the authority to permit or prohibit all over forms of discovery during arbitration proceeding?

    At the request of Hon. Daniel P. Anderson, the section intends to submit an Amicus brief to assist the Court of Appeals in its deliberation.

    The Board of Governors will consider the request on July 22, 2005. Timely member input on whether the Section amicus should be authorized is invited and will be considered. Please comments to org lroys wisbar Lisa Roys, Government Relations coordinator, by July 20. Comments received by the deadline will be included in the Board of Governors materials.