(a) All the arbitrators to an arbitration matter shall meet and act together during the hearing. A majority may determine any question.
(b) If any party fails to appear before the arbitrators or an umpire after reasonable notice, the arbitrators or umpire may nevertheless proceed to hear and determine the controversy upon the evidence which is produced before them.
(c) If a written agreement to arbitrate provides that two or more arbitrators therein designated or referred to may select or appoint a person or persons as an additional arbitrator or arbitrators or as an umpire, or if a person or persons are selected or appointed as a substitute arbitrator or arbitrators or umpire and any such selection or appointment is made after evidence has been taken in the arbitration, the matters shall be reheard, unless a rehearing is waived in the written agreement to arbitrate or by subsequent written consent of the parties.
(d) Before hearing any testimony or examining other evidence in the matter, the arbitrators and umpire shall be sworn to hear and examine the matter in controversy faithfully and fairly and to make a just award according to the best of their understanding, unless the oath is waived in writing by the parties to the arbitration agreement.
(e) Any arbitrator or an umpire may administer oaths to witnesses.
(1949 Rev., S. 8157; P.A. 82-160, S. 154.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
See Sec. 1-24 re officers who are authorized to administer oaths.
After reasonable notice, arbitrators may proceed to hear and determine controversy ex parte. 138 C. 57. Cited. 142 C. 193. Decision rendered after ex parte hearing held valid. 152 C. 276. Cited. 157 C. 363; 163 C. 327; 171 C. 493. Waiver and estoppel discussed. 175 C. 24. Cited. 187 C. 228. Does not impose additional oath-taking requirements. 200 C. 91. Cited. 208 C. 352; 218 C. 646.
Oath provision of statute does not apply to members of State Board of Mediation and Arbitration. 3 CA 590. Cited. 16 CA 486; 26 CA 418; 28 CA 270; 32 CA 250.
Cited. 17 CS 15; 20 CS 47. Arbitrator can hear no testimony until he has been sworn. 19 CS 387.
Notes of Decisions
City of Milford v. Local 1566, 510 A.2d 177 (Conn. 1986).
· cites it 31× “The principal issue raised on these appeals is whether members of the state board of mediation and arbitration must take an oath pursuant to General Statutes § 52-414 (d) 1 before arbitrating every dispute.”
Chmielewski v. Aetna Cas. & Sur. Co., 591 A.2d 101 (Conn. 1991).
· cites it 4× “Moreover, the arbitrators appointed under chapter 909 of the General Statutes; General Statutes §§ 52-408 through 52-424, governing arbitration proceedings; to hear uninsured motorist coverage disputes under § 38-175c must swear “to hear and examine the matter in controversy…”
Brunswick v. Statewide Grievance Comm., 931 A.2d 319 (Conn. App. Ct. 2007).
· cites it 4× “” The plaintiffs motion to vacate the arbitration award stated: “Pursuant to [General Statutes] § 52-414 (d) and [General Statutes] § 52-418 (a) .”
Reinke v. Greenwich Hosp. Assn., 392 A.2d 966 (Conn. 1978).
· cites it 6× “The plaintiff applied to the Superior Court to vacate the award under General Statutes § 52-418 on the ground that the arbitrator had not been sworn as required by General Statutes § 52-414 and that there was no written waiver of the oath.”
Marsala v. Valve Corp. of Am., 254 A.2d 469 (Conn. 1969).
· cites it 9× “None of the arbitrators was ever sworn, as required by General Statutes § 52-414, although at *364 some point in the proceedings the parties attempted orally to waive that statutory requirement.”
Vincent Builders, Inc. v. Am. Application Sys., Inc., 547 A.2d 1381 (Conn. App. Ct. 1988).
· cites it 6× “5 The plaintiff argues that the failure of Brock and Cunningham to be sworn by a proper officer pursuant to General Statutes § 1-24 prior to the commencement of the arbitration proceedings, as required by General Statutes § 52-414 (d), requires the vacating of the arbitration…”
Asselin & Vieceli P'ship, LLC v. Washburn, 194 Conn. App. 519 (Conn. App. Ct. 2019).
· cites it 6× “On appeal, the defendant claims that the court improperly confirmed the arbitration award because the arbitrator had failed to take an oath required by General Statutes § 52-414 (d), the plaintiff failed to file certain required documents required by General Stat- utes § 52-421…”
Bennett v. Meader, 545 A.2d 553 (Conn. 1988).
· cites it 2× “…express requirement of such an agreement. See, e.g., General Statutes § 52-409—stay of proceedings in court; General Statutes § 52-410—application for court order to proceed with arbitration; General Statutes § 52-411—appointment of arbitrator or umpire; General…”
City of Middletown v. Police Local, No. 1361, 445 A.2d 322 (Conn. 1982).
· cites it 2× “” General Statutes § 52-414 provides: “All the arbitrators shall meet and act together during the hearing, but, when met, a majority may determine any question.”
Town of Stratford v. Council 15, Local 407, 490 A.2d 1021 (Conn. App. Ct. 1985).
· cites it 6× “The trial court denied that motion and the town filed the present appeal raising the same claims it had argued before the trial court.”
Hayes v. Travelers Indem. Co. of Am., 601 A.2d 555 (Conn. App. Ct. 1992).
· cites it 2× “The Connecticut arbitration statute, General Statutes § 52-414 (a), requires the signatures of only a majority of the arbitrators to render an effective award.”
— Conn. Gen. Stat. § 52-414(a) — 1 case
— Conn. Gen. Stat. § 52-414(d) — 1 case
Brunswick v. Statewide Grievance Comm., 931 A.2d 319 (Conn. App. Ct. 2007).
“” The plaintiffs motion to vacate the arbitration award stated: “Pursuant to [General Statutes] § 52-414 (d) and [General Statutes] § 52-418 (a) .”
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