Review of Court Decisions - Dispute Resolution Journal - Vol. 20, No. 4
Originally from Dispute Resolution Journal
THIS review covers decisions in comnmercial, labor-management and accident claims cases, arranged under four headings: I. The Arbitration Clause and the Arbitrable Issue; II. The Enforcement of Arbitration Agreements; III. The Arbitrator and the Proceedings; and TV. The Award.
I. THE ARBITRATION CLAUSE AND THE ARBITRABLE ISSUE PARTNERSHIP AGREEMENT — ARBITRABLE DISPUTES — TERMINATION OF EMPLOYEE — PARTNER'S MUTUAL WRITTEN CONSENT — WISCONSIN
Dispute over dismissal of employee held not arbitrable where agreement, required partner's written consent for dismissal, and did not specify arbitration of such disputes. Althouch contract stated, "All disputes (arising) between the partners . . . touching these presents or the constructieii or application thereof . . . shall he determined by arbitrators," the elaboratian of specific cases in the general arbitration clause, and the specific provision for arbitration of disputes over compensation of such family employees, led court to conclude that the general clause was not intended to cover disputes in cases where mutual written consent was required. Three dissenting judges argued that, granting thiB point, the very determination of that construction was, under the arbitration clause, left to arbitration, and not the courts. Goldmann Trust V. Goldmann, 131 N.W.2d 902 (Sup. Ct. Wise 1966).