CHAPTER 909
ARBITRATION PROCEEDINGS

Table of Contents

Sec. 52-408. Agreements to arbitrate.
Sec. 52-412. Subpoenas and depositions.
Sec. 52-417. Application for order confirming award.
Sec. 52-418. Vacating award.
Sec. 52-420. Motion to confirm, vacate or modify award.
Sec. 52-422. Order pendente lite.
Sec. 52-423. Appeal.

      Sec. 52-408. Agreements to arbitrate. An agreement in any written contract, or in a separate writing executed by the parties to any written contract, to settle by arbitration any controversy thereafter arising out of such contract, or out of the failure or refusal to perform the whole or any part thereof, or a written provision in the articles of association or bylaws of an association or corporation of which both parties are members to arbitrate any controversy which may arise between them in the future, or an agreement in writing between two or more persons to submit to arbitration any controversy existing between them at the time of the agreement to submit, or an agreement in writing between the parties to a marriage to submit to arbitration any controversy between them with respect to the dissolution of their marriage, except issues related to child support, visitation and custody, shall be valid, irrevocable and enforceable, except when there exists sufficient cause at law or in equity for the avoidance of written contracts generally.

      (1949 Rev., S. 8151; P.A. 05-258, S. 2.)

      History: P.A. 05-258 added provisions re agreement to arbitrate in dissolution of marriage.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 52-412. Subpoenas and depositions. (a) Any arbitrator or umpire and any other persons qualified by law to issue subpoenas in civil actions shall have power to issue subpoenas for the attendance of witnesses and for the production of books, papers and other evidence at arbitration hearings. The subpoenas shall be served in the manner provided by law for the service of subpoenas in a civil action and shall be returnable to the arbitrator or arbitrators or umpire.

      (b) On application of an arbitrator, umpire or other person, the superior court for the judicial district in which one of the parties resides or, in the case of land, for the judicial district in which the land is situated or, when the court is not in session, any judge thereof, shall order necessary process to issue to compel compliance with subpoenas in an arbitration matter in the manner provided by law concerning subpoenas in a civil action.

      (c) Any party to a written agreement for arbitration may make application to the Superior Court, or, when the court is not in session, to a judge thereof, having jurisdiction as provided in subsection (b) of this section, for an order directing the taking of depositions, in the manner and for the reasons prescribed by law for taking depositions to be used in a civil action, for use as evidence in an arbitration.

      (1949 Rev., S. 8155; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 152; P.A. 05-288, S. 179.)

      History: P.A. 78-280 substituted "judicial district" for "county"; P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 05-288 made a technical change in Subsec. (c), effective July 13, 2005.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 52-417. Application for order confirming award.

      Assignee of arbitration award can intervene in confirmation action on arbitration agreement since assignee could have been directed to be made a party under Sec. 52-107. 271 C. 263.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 52-418. Vacating award.

      Cited. 272 C. 617.

      Subsec. (a):

      Trial court did not err in confirming arbitration award. In matters where an arbitration submission is unrestricted, arbitrator's award shall not be vacated unless award rules on constitutionality of a statute, violates clear public policy or contravenes one or more statutory prescriptions of section. 273 C. 86.

      Subdiv. (4): Court did not abuse its discretion in finding that arbitration award conformed to the submission and declining to examine arbitrator's reasoning in arriving at the award because, when submission is unrestricted, court is confined to examination of the submission and award to determine whether the award conformed to the submission. 86 CA 686.

      Subsec. (b):

      Trial court had authority to remand case to arbitration panel to clarify its decision and complete its task without vacating award. 271 C. 474.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 52-420. Motion to confirm, vacate or modify award.

      In matter where trial court had confirmed arbitration award, and thereafter no motion to modify the judgment was filed within requisite thirty day period, trial court committed reversible error when it added requirement that plaintiff's assignment of interest in certain property to defendant was a prerequisite to granting of a bank execution in plaintiff's favor. Trial court's action amounted to improper modification of arbitration award rather than effectuation of the award. 88 CA 74.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 52-422. Order pendente lite.

      Although court had subject matter jurisdiction over an arbitration dispute because an award had not yet been rendered and the allegation was that injunctive relief was necessary to protect rights pending the rendering of the award, in this case concerning matters reserved to arbitration there was no basis on which to conclude that injunctive relief sought by plaintiff was essential or indispensable to safeguard rights. 271 C. 329.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 52-423. Appeal.

      Defendant may not appeal trial court's order to remand case to arbitration panel because court did not vacate award and hence order does not constitute appealable final judgment under this section, nor does order meet Curcio test for appeal of an interlocutory order. 271 C. 474.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)