At any time within one year after an award has been rendered and the parties to the arbitration notified thereof, any party to the arbitration may make application to 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, to any judge thereof, for an order confirming the award. The court or judge shall grant such an order confirming the award unless the award is vacated, modified or corrected as prescribed in sections
52-418 and
52-419.
(1949 Rev., S. 8160; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 156.)
History: P.A. 78-280 substituted “judicial district” for “county”; P.A. 82-160 made minor changes in wording.
Failure of plaintiff to apply for court order compelling defendants to proceed with arbitration did not preclude the latter from the right to judicial determination of their claim. 138 C. 57. Cited. 139 C. 514; 147 C. 524. If award is not vulnerable under Sec. 52-418, 52-419 or 52-420, plaintiff entitled to confirmation. 146 C. 17. Cited. 155 C. 278; 163 C. 327. Under section, only party to arbitration can seek confirmation of award. 171 C. 420. Cited. 174 C. 583; 176 C. 401; 179 C. 184; Id., 678; 181 C. 211. Upon confirmation of award, order of specific performance will have to be entered on land records to affect legal title; the arbitrated award itself does not resolve dispute about title to real estate. Id., 449. Cited. 183 C. 579; 189 C. 16; 190 C. 707; 191 C. 336; 201 C. 577; 203 C. 133; 205 C. 178; 206 C. 113; Id., 465; 208 C. 352; 209 C. 280; 211 C. 640; 212 C. 83; Id., 652; 216 C. 612; 218 C. 646; Id., 681; 221 C. 206; 223 C. 1; 224 C. 758; Id., 766; 225 C. 223; 229 C. 465; 234 C. 123; 237 C. 114. 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. Dismissal of request for arbitration on grounds that request was untimely under association's arbitration manual did not constitute an arbitration award because timeliness was not an issue raised by the parties for arbitration. 293 C. 582.
Cited. 1 CA 154; 4 CA 577; 6 CA 438; 7 CA 175; Id., 272; 10 CA 292; Id., 611; 14 CA 257; 17 CA 280; 28 CA 270; 30 CA 157; 33 CA 1; Id., 737; 34 CA 27; 35 CA 638; 37 CA 708; 39 CA 122; 45 CA 432. Law firm was not party to arbitration and did not have standing to seek to have arbitration award confirmed. 74 CA 617. If a motion to vacate, modify or correct an arbitration award is not made within the 30-day limit in Sec. 52-420, the award may not thereafter be attacked on any of the grounds specified in Secs. 52-418 and 52-419 and the court lacks any discretion and is required to approve the award pursuant to this section. 134 CA 415. An application to confirm an arbitration award filed in a pending civil action survives the dismissal of the civil action and can proceed to judgment separately from the judgment on the complaint. 225 CA 117.
Cited. 15 CS 120; 16 CS 137. Where an arbitrator's award is within the scope of the submission and answers the specific question presented, there is no valid ground for considering the arbitrator's reasons of decision or for vacating the award. 19 CS 344. Cited. 20 CS 94. A valuation given under former Sec. 33-19 is not an award within the meaning of this section. 21 CS 488. Even though award was outside submission, court cannot base denial of motion to confirm on that ground since defendant did not move to vacate, modify or correct award, and 30-day time limit for such motion has expired. 29 CS 22. Cited. 42 CS 336.
Notes of Decisions
Franco v. East Shore Dev., Inc., 858 A.2d 703 (Conn. 2004).
· cites it 24× “The sole issue raised by this certified appeal is whether an assignee of an arbitration award has a right to intervene in an action to confirm that award brought by a party to the arbitration agreement pursuant to General Statutes § 52-417. 1 During the pen *625 dency of an…”
State v. New England Health Care Employees Union, 855 A.2d 964 (Conn. 2004).
· cites it 10× “The union subsequently filed an application to confirm the arbitrator's award pursuant to General Statutes § 52-417. [4] The trial court granted the union's application to confirm the arbitrator's award, without issuing a written opinion and without issuing a ruling regarding…”
Ko Shu Mei Wu v. Chung-Ming Chang, 823 A.2d 1197 (Conn. 2003).
· cites it 12× “On June 20, 2001, Wu and Yeh filed with the Superior Court a joint application to confirm the arbitration award pursuant to General Statutes § 52-417. 3 The trial court thereafter held a hearing on the application, at which Chang objected to the confirmation of the award,…”
Coldwell Banker Manning Realty, Inc. v. Cushman & Wakefield, 980 A.2d 819 (Conn. 2009).
· cites it 14× “[3] (association), to dismiss as untimely Coldwell Banker's request for arbitration of claims against Cushman constituted an arbitration award for purposes of General Statutes § 52-417 [4] and, therefore, that the court's confirmation of the alleged award and its subsequent…”
Spearhead Constr. Corp. v. Bianco, 665 A.2d 86 (Conn. App. Ct. 1995).
· cites it 15× “The referee concluded that an award may be confirmed under General Statutes § 52-417 after the one year period.”
All Seasons Servs., Inc. v. Guildner, 891 A.2d 97 (Conn. App. Ct. 2006).
· cites it 15× “On May 20, 2004, the plaintiff brought an action pursuant to General Statutes § 52-417 to confirm the arbitration award.”
Town of Bloomfield v. United Elec., Radio & Mach. Workers of Am., 939 A.2d 561 (Conn. 2008).
· cites it 9× “The plaintiff also emphasizes that objections to the enforcement of arbitration awards on public policy grounds would not be without time limits, as such objections still would be subject to the one year' period that General Statutes § 52-417 7 provides for the filing of an…”
O & G/O'Connell Jt. Venture v. Chase Fam. Ltd. P'ship No. 3, 523 A.2d 1271 (Conn. 1987).
· cites it 6× “The defendants then filed an application in the Superior Court to vacate the award pursuant to General Statutes § 52-418, and the plaintiff filed an application for confirmation of the award pursuant to General Statutes § 52-417.”
Garrity v. McCaskey, 612 A.2d 742 (Conn. 1992).
· cites it 4× “Following the arbitrators’ decision and award of damages in favor of the plaintiff, the plaintiff filed an application with the Superior Court pursuant to General Statutes § 52-417 1 to confirm the award and the defendant filed a separate application pursuant to General Statutes…”
Amalgamated Transit Union Local 1588 v. Laidlaw Transit, Inc., 632 A.2d 713 (Conn. App. Ct. 1993).
· cites it 10× “On June 23, 1992, the plaintiff filed an application with the trial court to confirm the award of the arbitration panel pursuant to General Statutes § 52-417. 3 The trial court confirmed the award, and further found that the defendant had complied with the award by offering…”
Middlesex Mut. Assurance Co. v. Walsh, 590 A.2d 957 (Conn. 1991).
· cites it 4× “Middlesex then moved to vacate the award in the Superior Court pursuant to General Statutes § 52-418 (a) (4), 2 and Walsh moved to confirm the award pursuant to General Statutes § 52-417.”
MBNA Am. Bank, N.A. v. Boata, 926 A.2d 1035 (Conn. 2007).
· cites it 5× “*385 On August 17, 2004, the plaintiff filed an application to confirm the arbitrator’s award in the Superior Court pursuant to General Statutes § 52-417. 3 On August 23, 2004, the defendant filed an objection to the application to confirm the award on the ground that the…”
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