Annotation

788.02 Annotation Unless an arbitration agreement clearly and unmistakably provides otherwise, whether a party has waived the right to arbitrate through its litigation conduct is an issue for a court, not an arbitrator, to decide. In other words, there is a presumption that this issue will be resolved in court. U.S. Bank National Ass’n v. Klein, 2024 WI App 7 , 410 Wis. 2d 598 , 3 N.W.3d 726 , 22-0920 .