If any action for legal or equitable relief or other proceeding is brought by any party to a written agreement to arbitrate, the court in which the action or proceeding is pending, upon being satisfied that any issue involved in the action or proceeding is referable to arbitration under the agreement, shall, on motion of any party to the arbitration agreement, stay the action or proceeding until an arbitration has been had in compliance with the agreement, provided the person making application for the stay shall be ready and willing to proceed with the arbitration.
(1949 Rev., S. 8152; P.A. 82-160, S. 149.)
History: P.A. 82-160 substituted “the” for “such” where appearing.
Cited. 142 C. 5. An order staying proceedings held not a final order and therefore not appealable. 148 C. 218. Cited. 156 C. 224; 163 C. 327. Any right to arbitration had been waived by plaintiff's proceeding nearly to completion in a court trial on the precise issues previously claimed for arbitration. 164 C. 426. Cited. 181 C. 445; 191 C. 316; 208 C. 352; 223 C. 761; 230 C. 106. Party opposing arbitration on the ground of waiver must demonstrate that it will be prejudiced by enforcement of the arbitration clause. 313 C. 54.
Cited. 2 CA 230; 3 CA 511; 4 CA 339; 5 CA 333; 20 CA 23; 34 CA 11; 38 CA 555. Application to claim that court lacks jurisdiction to hear plaintiff's appeal to compel arbitration where plaintiff has filed complaint in Superior Court raising identical claim that it seeks to arbitrate. 49 CA 78. The power to order a stay implies the court has jurisdiction over a matter; trial court improperly concluded it lacked subject matter jurisdiction over an action brought where contract included arbitration clause to resolve disputes. 113 CA 195. Party waived arbitration clause in its contract by its conduct of unjustifiable delay in seeking arbitration when such party participated in 2 years of pretrial activities, including requesting a 2-month continuance, and failed to file a proper motion for stay until the fact-finding hearing was half completed. 128 CA 537.
Cited. 8 CS 2; 10 CS 396. If requirements of statute are met, action by a party to a written arbitration agreement will be stayed until arbitration has been had. 20 CS 44. Policy of the state is to encourage arbitration as a speedy, informal procedure for the adjustment of disputes; hence court refused to enjoin arbitration proceedings pending determination of issues raised by an action for a declaratory judgment. 21 CS 134. Arbitration clause may be waived by the parties or by the one entitled to its benefit; unjustifiable delay in seeking arbitration may warrant a finding of waiver. 23 CS 71. Where, in an action for the balance due under a contract, defendant filed plea in abatement specifying that under provisions of the contract, a condition precedent to any right of legal action was a decision by arbitrators, the plea was proper and it was not mandatory for him to ask for a stay of the proceedings until arbitration had been had. 26 CS 44. Agreement by state university trustees to submit disputes arising from contract with architect to arbitration is binding on the state. 28 CS 173. Cited. 36 CS 266.
Notes of Decisions
KND Corp. v. Hartcom, Inc., 497 A.2d 1038 (Conn. App. Ct. 1985).
· cites it 16× “The dispositive issue in this appeal is whether, pursuant to General Statutes § 52-409, the defendant was entitled to a stay of this proceeding pending arbitration.”
Coldwell Banker Manning Realty, Inc. v. Cushman & Wakefield, 980 A.2d 819 (Conn. 2009).
· cites it 10× “On August 14, 2002, the defendants filed a motion to dismiss the complaint for lack of subject matter jurisdiction or, alternatively, to stay the proceedings pursuant to General Statutes § 52-409 [5] pending arbitration *822 of Coldwell Banker's claims.”
Levine v. Advest, Inc., 714 A.2d 649 (Conn. 1998).
· cites it 5× “§§ 1 through 16; and General Statutes §§ 52-409 6 and 52-410, 7 the plaintiffs subsequently filed a motion in the trial court for a stay of the court proceedings they had initiated and an order directing the defendant to proceed with arbitration before the Board of Arbitration…”
Alstom Power, Inc. v. Balcke-Durr, Inc., 849 A.2d 804 (Conn. 2004).
· cites it 4× “The defendant moved to stay the plaintiffs application to dissolve or reduce the bond pursuant to General Statutes § 52-409, 9 until resolution of the *605 pending arbitration.”
Schwarzschild v. Martin, 464 A.2d 774 (Conn. 1983).
· cites it 4× “Left unanswered in New Britain , however, was the procedural question presented by this case: when a party to a pending case has refused to arbitrate voluntarily, thus requiring the other party, pursuant to General Statutes § 52-409, 11 to compel arbitration by gaining a…”
Bennett v. Meader, 545 A.2d 553 (Conn. 1988).
· cites it 4× “The statutory arbitration scheme encompasses many aspects of the arbitration process ranging from the agreement to arbitrate; General Statutes § 52-408; through the relationship between the arbitration process and the judicial process; General Statutes §§ 52-409 and 52-410;…”
Gores v. Rosenthal, 169 A.2d 639 (Conn. 1961).
· cites it 6× “At the same time, acting under General Statutes § 52-409, he filed, in the present action, a motion to stay the proceedings, claiming, in effect, that the question whether the services rendered after April 1, 1953, were under the 1952 written contract was an issue common to both…”
Coldwell Banker Manning Realty, Inc. v. Comput. Sciences Corp., 980 A.2d 812 (Conn. 2009).
· cites it 8× “"On August 14, 2002, [Cushman, Grieco and Kelly] filed a motion to dismiss the complaint for lack of subject matter jurisdiction, or, alternatively, to stay the proceedings pursuant to General Statutes § 52-409 [4] pending arbitration of Coldwell Banker's claims.”
Travelers Ins. v. Gen. Elec. Co., 644 A.2d 346 (Conn. 1994).
· cites it 9× “In response to the plaintiffs application for a prejudgment remedy, 1 before filing an answer, the defendant moved the trial court, pursuant to General Statutes § 52-409, 2 to stay the pending litigation until the completion of arbitration proceedings.”
Insurity, Inc. v. Mut. Grp., Ltd., 260 F. Supp. 2d 486 (D. Conn. 2003).
· cites it 7× “This is where judgments are entered and where is makes sense to speak of pre-judgment remedies, and to use other nomenclature associated with litigation in the courts. When a case pending in court is found to be subject to arbitration, the matter is referred to arbitration and…”
D'ANTUONO v. Serv. Road Corp., 789 F. Supp. 2d 308 (D. Conn. 2011).
· cites it 2× “See Conn. Gen.Stat. § 52-409. The three features of the arbitration agreement that Plaintiffs object to — the collective action and class action waiver, the cost- and fee-shifting provision, and the provision shortening the statute of limitations — all have a general tendency to…”
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