Substitute Senate Bill No. 1082
         Substitute Senate Bill No. 1082

              PUBLIC ACT NO. 97-134


AN ACT CONCERNING VACATED ARBITRATION AWARDS.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  52-418  of  the  general  statutes is
repealed and the following is substituted in  lieu
thereof:
    (a)  Upon  the  application of any party to an
arbitration, the superior court for  the  judicial
district  in  which one of the parties resides or,
in a controversy concerning land, for the judicial
district  in  which  the land is situated or, when
the court is not in session,  any  judge  thereof,
shall make an order vacating the award if it finds
any of the following defects: (1) If the award has
been procured by corruption, fraud or undue means;
(2)  if  there  has  been  evident  partiality  or
corruption  on  the part of any arbitrator; (3) if
the arbitrators have been guilty of misconduct  in
refusing  to  postpone the hearing upon sufficient
cause  shown  or  in  refusing  to  hear  evidence
pertinent  and  material  to the controversy or of
any other action by which the rights of any  party
have  been  prejudiced;  or (4) if the arbitrators
have  exceeded  their  powers  or  so  imperfectly
executed  them  that  a mutual, final and definite
award upon the subject matter  submitted  was  not
made.
    (b) If an award is vacated and the time within
which the award is required to be rendered has not
expired, the court or judge may direct a rehearing
by  the  arbitrators.   NOTWITHSTANDING  THE  TIME
WITHIN WHICH THE AWARD IS REQUIRED TO BE RENDERED,
IF AN AWARD  ISSUED  PURSUANT TO A GRIEVANCE TAKEN
UNDER A COLLECTIVE BARGAINING AGREEMENT IS VACATED
THE COURT OR JUDGE SHALL DIRECT A REHEARING UNLESS
EITHER PARTY AFFIRMATIVELY PLEADS AND THE COURT OR
JUDGE  DETERMINES  THAT   THERE  IS  NO  ISSUE  IN
DISPUTE.
    (c)  Any  party filing an application pursuant
to subsection (a) of this  section  concerning  an
arbitration  award  issued  by  the State Board of
Mediation and Arbitration shall notify said  board
and  the  Attorney  General,  in  writing, of such
filing within five days of the date of filing.

Approved June 13, 1997