EMPLOYERS INSURANCE OF WAUSAU V JACKSON

(1995) 4 Re LR 149

United States Wisconsin Supreme Court

Before Judge J Wilcox

Arbitration - United States - Arbitration clause - Appointment of arbitrator - Whether Wisconsin circuit court had statutory authority to confirm appointment of arbitrator in accordance with terms of arbitration clause when parties had reached deadlock preventing successful arbitration of underlying dispute - Whether parties’ conduct indicated intent to waive strict performance of time condition - Whether circuit court’s finding that time was of essence of arbitration agreement was clearly erroneous - Whether US law firm had apparent authority to accept notice on behalf of Lloyd’s underwriters retrocessionaires.