2005 Connecticut Code - Sec. 52-418. Vacating award.

      Sec. 52-418. Vacating award. (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.

      (1949 Rev., S. 8161; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 157; P.A. 87-19; P.A. 97-134.)

      History: P.A. 78-280 substituted "judicial district" for "county"; P.A. 82-160 rephrased the section, inserted Subsec. indicators and replaced alphabetic Subdiv. indicators with numeric indicators; P.A. 87-19 added Subsec. (c) to provide that the state board of mediation and arbitration and the attorney general must be notified by any party filing to vacate an award issued by the board; P.A. 97-134 amended Subsec. (b) to permit a rehearing of an award unless a party affirmatively pleads and judge determines no issue is disputed.

      Plaintiffs were not in fact parties to the arbitration, nor were they parties through representation by the union and they had no standing to apply to have award vacated. 135 C. 10. Cited. 138 C. 65; 139 C. 514. Application to vacate award should be granted where arbitrator exceeded his powers. 139 C. 591. Powers of an arbitrator are limited by the agreement of submission. 140 C. 32. "Undue means" discussed. 142 C. 190. An award may be vacated if the arbitrators exceeded their powers. 143 C. 399. When there is no adequate remedy at law, the party claiming injury through partiality and fraud can invoke the equitable powers of a court for an appropriate remedy. 144 C. 303. Applicable to awards of board of mediation and arbitration, as well as to arbitration awards generally. 145 C. 53. Power of arbitrators outlined by terms of submission. Id., 285. If dispute arose while agreement was operative, arbitrators had jurisdiction. 146 C. 17. Member of union not a party to the arbitration and therefore not entitled to apply to have the award vacated. 147 C. 139. Burden rests on party attacking the award to produce evidence sufficient to invalidate or avoid it. Id., 524. Cited. 150 C. 547. Award properly vacated where it was made more than sixty days from date arbitrators were empowered to act. 157 C. 362. Cited. 160 C. 411. Cited. 162 C. 422; 163 C. 309; id., 327. In deciding whether arbitrators have exceeded their powers under subsection (d), the court need only examine the submission and the award to determine whether the award conforms to the submission. 164 C. 472, 477. The court is bound by the arbitrator's determination unless that determination falls within the proscriptions of this section or procedurally violates the parties' agreement. 167 C. 315. Board of education's agreement to submit a question to arbitrator waived any objection to the question as not being arbitrable or within matters enumerated for arbitration. 168 C. 54. Arbitration is a creature of contract between the parties and its autonomy requires a minimum of judicial intrusion. Id. Cited. 171 C. 420, 423. Cited. Id., 493, 494. In deciding whether to vacate arbitration award on ground that arbitrators "exceeded their powers" under this section, court should examine submission and award to determine if latter conforms to former. 173 C. 287, 289-291, 294. Cited. 174 C. 583, 584; 175 C. 24, 26; 176 C. 401, 406-408. Cited. 178 C. 557, 559; 179 C. 184, 185; id., 678, 680-683. Cited. 183 C. 102. Cited. 184 C. 578, 580. Where trial court vacates an arbitration award before the time "within which the award is required to be rendered" has expired, it is, under this statute, empowered to order a rehearing of the matter by the arbitrators. 187 C. 228 et seq. Cited. 189 C. 16, 19, 22; id., 560, 562. A finding of arbitrability is not an award until it becomes part of an award on the merits. 190 C. 323, 325, 326. Cited. Id., 707, 710. Cited. 191 C. 316, 322-324, 328; id., 336, 339. Cited. 195 C. 266, 268, 270. Cited. 196 C. 623, 636, 637. Cited. 197 C. 26, 32, 33. Cited. 199 C. 618, 627. Cited. 200 C. 345, 346, 349. Cited. Id., 376, 381. Cited. 201 C. 50, 64, 72. Cited. Id., 577, 578, 581, 583, 585, 586, 590. Cited. 203 C. 133, 135, 138, 139, 144, 146, 155. De novo judicial review of compulsory arbitration proceedings discussed. 205 C. 178, 183, 185, 191. Cited. 206 C. 113, 122. Cited. Id., 465, 466. Cited. Id., 643, 648-650, 654, 656. Cited. 208 C. 187, 198. Cited. Id., 352, 356-359. Sec. 52-417 to 52-421 cited. Id. Cited. Id., 411, 412. Cited. 209 C. 280, 287, 288. Cited. 210 C. 333, 338. Cited. 211 C. 7, 8, 13. Cited. Id., 541, 549. Cited. Id., 640, 643, 645. Cited. 212 C. 83, 93, 95-97. Cited. 213 C. 525, 527. Cited. Id., 532, 535. Cited. 214 C. 209, 211. Cited. 215 C. 157, 159. Cited. Id., 399, 402. Cited. 216 C. 612, 615, 617. Cited. 217 C. 110, 124. Cited. 218 C. 646, 655, 659, 660, 666, 678, 680. Cited. Id., 681, 684, 701. Cited. 221 C. 206, 209. Cited. 222 C. 480, 486. Cited. 223 C. 1, 2, 6, 7. Cited. Id., 761, 774, 775. Cited. 224 C. 766, 769. Cited. 225 C. 223, 228. Cited. 226 C. 475, 491-493. Cited. 229 C. 359, 364. Trial court vacated arbitration award; judgment of appellate court in White v. Kampner, 31 CA 75, 77, reversing judgment of trial court, reversed. Id., 465, 470. Cited. 234 C. 123, 133, 134, 137, 138. Cited. Id., 217. Cited. Id., 817, 822, 824. Cited. 237 C. 114, 115, 117-119, 122. Cited. 238 C. 293. Cited. 239 C. 32. Cited. Id., 537.

      Unless collective bargaining agreement provides for personal right to seek arbitration an employee subject to the agreement is not a "party to the arbitration". Standing is a matter of subject matter jurisdiction which cannot be conferred by the parties. 1 CA 154, 156. Cited. Id., 207, 212, 215; id., 219, 221. Cited. 3 CA 250, 252, 253. Cited. Id., 697, 699, 701. Cited. 4 CA 21, 22. Cited. Id., 577, 579. Cited. 5 CA 61, 64. Cited. Id., 636, 637, 639. Cited. 6 CA 11, 13. Cited. Id., 438, 440. Cited. 7 CA 286, 289. Cited. 9 CA 396, 397. Cited. 10 CA 292, 296. Cited. Id., 611, 613, 616. Cited. 12 CA 642, 643, 646. Cited. 13 CA 461, 463, 464. Cited. 14 CA 153, 156. Cited. Id., 257, 259. Cited. 16 CA 486, 488, 492. Cited. 17 CA 280, 282, 283. Cited. 20 CA 67, 71, 73. Cited. 23 CA 24, 26. Cited. Id., 727, 728. Cited. 26 CA 351, 352. Cited. 27 CA 386, 387, 391, 394. Cited. Id., 635, 639. Cited. 28 CA 337, 338, 341. Cited. 29 CA 484, 488, 494. Cited. 30 CA 157, 159- 161. Cited. 31 CA 73, 75; judgment reversed; see 229 C. 465 et seq. Cited. 32 CA 289, 292. Cited. 33 CA 1, 4, 5. Cited. Id., 626, 631. Cited. Id., 737, 740, 741. Cited. 34 CA 27, 31, 35, 37. Cited. 35 CA 338, 340, 344. Cited. Id., 775, 779. Cited. Id., 804, 805, 807-809. Cited. 36 CA 29, 31. Cited. 37 CA 1, 2, 4, 5. Cited. Id., 708, 709, 716. Cited. 39 CA 122, 123, 130. Cited. 43 CA 800. Cited. 44 CA 415. Cited. Id., 506. Cited. 45 CA 237. Cited. 46 CA 520. Broad and unrestricted arbitration clauses in purchase and sale agreements that provided for arbitration "concerning any matter provided for herein or arising hereunder" gave trial court the authority to determine amounts owed on each note and to direct that they be paid by defendants. 62 CA 83. Trial court's determination was proper and consistent with applicable collective bargaining agreement. 75 CA 198.

      When applications are commenced. 15 CS 118. Proceedings of agreement to arbitrate not affected by limitations between union and employer. Id., 391. Cited. Id., 397; 16 CS 137; 17 CS 14; 18 CS 231; 19 CS 347; 20 CS 91. Meaning of "an application to the court". 16 CS 505. To vacate an award, court must find arbitrator's interpretation clearly untenable. 19 CS 71. The charter of an arbitrator is the submission but the provisions of the contract in question must be read as a whole. 20 CS 451. A labor arbitration award which contravenes public policy by its construction of a labor agreement is void. 22 CS 475. See note to section 52-416. Cited. 29 CS 25, 26, 28, 29. Cited. 32 CS 85. Since the parties by the agreement of submission define the scope of the arbitration, an award will not be vacated if it conforms to the submission. 36 CS 223, 224, 226. Cited. 40 CS 145, 147. Cited. Id., 365, 371, 378. Cited. 42 CS 336, 339. Cited. 43 CS 470, 471. Cited. 44 CS 312. Cited. Id., 482. Cited. 45 CS 130. Absent violation of the statute, courts should not interfere in arbitral decision. Id., 144.

      Former Subdiv. (b):

      Cited. 140 C. 446.

      Cited. 6 CA 11, 15.

      Former Subdiv. (c):

      Cited. 189 C. 16, 22.

      Cited. 38 CS 80, 83.

      Former Subdiv. (d):

      Cited. 141 C. 514; id., 606. The question submitted to arbitration was whether the collective bargaining agreement was violated by the company's "present operating practice." The award, by defining a course of conduct which could be followed in the future, went beyond the submission and could not be upheld. 149 C. 687. In deciding whether arbitrators have "exceeded their powers", as that phrase is used in this subsection, courts need only examine the submission and award to determine whether award conforms to submission. 171 C. 420, 432. Cited. 174 C. 583, 587, 590; 176 C. 401, 404. Cited. 181 C. 211, 213; id., 449, 452. Cited. 183 C. 102, 106; id., 579, 582. Cited. 189 C. 16, 22, 23. Cited. 191 C. 316, 322, 324.

      Cited. 1 CA 207, 210-212, 214.

      Inherently inconsistent award was vacated as arbitrator acted in violation, of subsection, imperfectly executing his powers. 27 CS 278. Since the law of the forum determines the remedy, an Iowa law prohibiting the stacking of uninsured motorist coverage was inapplicable and the arbitrator's award was confirmed. 36 CS 232, 234. Cited. 38 CS 80, 83.

      Subsec. (a):

      Cited. 189 C. 16, 22. Subdiv. (4) cited. 190 C. 14, 17, 19. Cited. 200 C. 345, 347. Cited. 203 C. 133, 134. Subdiv. (3) cited. Id., 133-135, 142, 143, 146, 148-150. Subdiv. (4) cited. Id., 133, 153. Subdiv. (1) cited. Id., 133, 153, 155. Cited. 205 C. 178, 186. Cited. 206 C. 465, 470. Subdiv. (3) cited. Id., 465, 471. Subdiv. (2) cited. Id., 643, 647. Cited. 208 C. 411, 412. Subdiv. (4) cited. Id., 411, 414, 419. Subdiv. (4) cited. 209 C. 280, 286, 287. Cited. Id., 579, 583. Subdiv. (4) cited. Id., 579, 591. Cited. 210 C. 333, 334. Subdiv. (4) cited. Id., 333, 337-340. Subdiv. (4) cited. 211 C. 7, 13, 14. Cited. Id., 541, 547. Subdiv. (4) cited. Id., 541, 551. Cited. 212 C. 368, 369. Subdiv. (4) cited. Id., 368, 370, 371. Subdiv. (4) cited. Id., 652, 654. Subdiv. (4) cited. 214 C. 734, 735. Subdiv. (4) cited. 216 C. 612, 617. Cited. 218 C. 51, 64. Cited. Id., 646, 664. Subdiv. (4) cited. Id., 681, 684. Cited. 223 C. 1, 2. Subdiv. (3) cited. Id., 1-3. Subdiv. (4) cited. Id., 1-3, 6-8, 10, 12, 13. Cited. 231 C. 563, 580. Subdiv. (2) cited. 234 C. 217, 220. Subdiv. (4) cited. Id., 408, 410, 411. Subdiv. (3): Misconduct under the section may be waived. Judgment of appellate court reversed in New Haven v. Local 884, Council 14, AFSCME, AFL-CIO, 38 CA 709, 714. 237 C. 378-380, 382-384, 387, 388. Subdiv. (3) cited. 238 C. 293. Subdiv. (4) cited. Id. Cited. 239 C. 32. Subdiv. (4): Arbitrators did not exceed their powers when they failed to give collateral estoppel effect to a prior arbitration award. 248 C. 108. Challenge to voluntary arbitration award rendered pursuant to an unrestricted submission which raises a legitimate and colorable claim of violation of public policy requires de novo judicial review. 257 C. 80.

      Cited. 1 CA 154, 155. Subdiv. (4) cited. Id., 219, 222. Subdiv. (1) cited. 3 CA 250, 253. Subdiv. (2) cited. Id. Subdiv. (3) cited. Id. Subdiv. (4) cited. Subdiv. (4) cited. Id., 286, 290. Subdiv. (2) cited. 9 CA 260, 261. Subdiv. (4) cited. 10 CA 292, 293, 295, 297. Cited. Id., 611, 613, 616. Cited. 13 CA 461, 463. Cited. 16 CA 486, 488. Subdiv. (3) cited. Id., 486, 493, 496. Subdiv. (2) cited. Id., 486, 494, 495. Cited. Id., 711, 713, 714. Subdiv. (4) cited. 17 CA 280, 284. Subdiv. (4) cited. 20 CA 67, 71, 73, 74. Cited. 23 CA 107, 108, 110. Subdiv. (4) cited. Id., 107-109. Cited. 24 CA 254, 257. Cited. 27 CA 635, 639. Subdiv. (4) cited. 28 CA 337, 340. Cited. 30 CA 157, 161. Subdiv. (4) cited. Id., 157, 161. Cited. 31 CA 73, 75, 79; judgment reversed, see 229 C. 465 et seq. Cited. 33 CA 1, 4. Cited. Id., 626, 631. Subdiv. (4) cited. Id., 669, 671. Subdiv. (4) cited. Id., 737-739, 741, 742. Subdiv. (4) cited. 34 CA 27, 31, 35-37. Cited. 35 CA 638, 640. Subdiv. (4) cited. Id., 775, 776, 778-781. Subdiv. (4) cited. Id., 804, 809, 810. Cited. 36 CA 29, 31. Cited. 37 CA 1, 2, 6. Subdiv. (3) cited. Id., 1, 6. Subdiv. (4) cited. Id., 708, 716. Subdiv. (3) cited. Id., 708, 720, 721. Subdiv. (3): Once a finding of misconduct made, court required to vacate award. 38 CA 709-714. Cited. 39 CA 122, 125. Subdiv. (4) cited. Id., 122, 131. Subdiv. (4) cited. 44 CA 415. Subdiv. (3) cited. Id., 506. Subdiv. (4) cited. Id. Subdiv. (3) cited. Id., 764. Cited. 45 CA 432. Subdiv. (3) cited. Id. Subdiv. (4) cited. Id. Subdiv. (4) is not sole source of court's power of review of arbitration. 48 CA 849. Award not definite under Subdiv. (4) where remedy remained open to negotiation and award left a specific remedy to the predilection of a party. 49 CA 33. Plaintiff has burden of establishing the award is invalid because it falls within the proscriptions of section. Id., 443. Review of unrestricted submissions discussed; arbitrators' decision conforms to submission. 53 CA 702. In the event part of an arbitration award is within the scope of the submission and part award is not, court may vacate any portion of the award that does not disturb the merits of the arbitration. 56 CA 786. When agreement is silent, arbitration board may establish standard of proof without violating requirements of notice and full and fair hearing. 57 CA 490. Subdiv. (4): Where submission was voluntary and unrestricted, court did not err in failing to vacate entire award since award conformed to submission, but court did err in failing to confirm entire award when it improperly substituted its findings of fact and conclusions of law for that of the arbitrator. 59 CA 224. Arbitration award vacated where award was open to negotiation. The fact that a failed negotiation might return to a different arbitrator did mitigate the indefiniteness, or lack of finality, of the award. 72 CA 274. It is axiomatic that any challenge to an award under Subdiv. (4), on ground that arbitrator exceeded his powers, is limited to comparison of award with submission. 80 CA 1. Party challenging arbitration award on the ground that arbitrator refused to receive material evidence must prove that, by virtue of an evidentiary ruling, he was in fact deprived of full and fair hearing before the arbitration panel. 81 CA 532. Subdiv. (4): With unrestricted submission, court's review of the award is limited to determination of whether it conforms to the submission. Id., 726. Award that is legally incorrect does not fall within exception provided in Subdiv. (4) and should not be set aside. 84 CA 826.

      Subdiv. (4): Arbitration award that upheld the disciplining of a police officer for his insistence on being truthful contravenes public policy and therefore exceeds the powers of the arbitrator and is vacated as void and unenforceable. 40 CS 145, 148. Subdiv. (4) cited. 41 CS 17, 20, 21. Subdiv. (3) cited. Id., 17, 20, 22. Subdiv. (4) cited. 43 CS 32, 33, 35. Subdiv. (2) cited. Id., 470-472, 491, 493. Subdiv. (3) cited. 44 CS 312. Subdiv. (4) cited. Id. Subdiv. (4) cited. Id., 482. Subdiv. (4) cited. 45 CS 130. Labor union that sought to challenge an arbitration award failed to meet burden of demonstrating that the arbitration panel's award violated this section. 47 CS 559. On application to vacate an award on the ground that it violates public policy, court first addresses whether an explicit public policy has been identified in the application and then whether arbitrators' award violated this clear public policy. 48 CS 38.

      Subsec. (b):

      Cited. 203 C. 133, 143. Cited. 218 C. 51, 64. Cited. Id., 646, 677, 680. Cited. 239 C. 32. Although it is within discretion of trial court to decide whether to submit the issues to the initial arbitrator, the court may also refer the matter to a new arbitrator. 249 C. 474.

      Cited. 6 CA 11, 15. Cited. 37 CA 1, 2. In 1997 amendment, legislature chose to make rehearing mandatory for arbitral awards pursuant to a collective bargaining agreement, irrespective of time within which award was required to have been rendered. Legislature did not manifest intent to require court to remand award for new hearing by new arbitrator. Text of statute does not require de novo hearing on remand. 66 CA 202.

      Subsec. (d):

      Cited. 201 C. 577, 583, 584, 590.

      Cited. 9 CA 396, 398.