(a) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement:
(1) If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and
(2) If the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.
(b) On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.
(c) If the court finds that there is no enforceable agreement, it may not order the parties to arbitrate under this section.
(d) The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.
(e) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be made in that court. Otherwise, a motion under this section may be made in any court specified in section 52-407aaa.
(f) If a party makes a motion to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.
(g) If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim.
(P.A. 18-94, S. 7.)
Structure Connecticut General Statutes
Chapter 909 - Arbitration Proceedings
Section 52-407aa. - Definitions.
Section 52-407bbb. - Permissable appeals.
Section 52-407cc. - Applicability of chapter.
Section 52-407ccc. - Uniformity and construction of part I.
Section 52-407dd. - Effect of agreement to arbitrate; nonwaivable provisions.
Section 52-407ddd. - Relationship to Electronic Signatures in Global and National Commerce Act.
Section 52-407ee. - Application for judicial relief.
Section 52-407ff. - Validity of agreement to arbitrate.
Section 52-407gg. - Motion to compel or stay arbitration.
Section 52-407hh. - Provisional remedies.
Section 52-407ii. - Initiation of arbitration proceeding. Notice.
Section 52-407jj. - Consolidation of separate arbitration proceedings.
Section 52-407kk. - Appointment of arbitrator; service as neutral arbitrator.
Section 52-407ll. - Disclosure by arbitrator.
Section 52-407mm. - Action by majority.
Section 52-407nn. - Immunity of arbitrator; competency to testify; attorney's fees and costs.
Section 52-407oo. - Arbitration process. Replacement arbitrator.
Section 52-407pp. - Representation by lawyer.
Section 52-407qq. - Witnesses; subpoenas; depositions; discovery.
Section 52-407rr. - Judicial enforcement of preaward ruling by arbitrator.
Section 52-407ss. - Record and notice of award.
Section 52-407tt. - Modification or correction of award by arbitrator.
Section 52-407uu. - Remedies, fees and expenses of arbitration proceeding.
Section 52-407vv. - Court order confirming award.
Section 52-407ww. - Vacating of award by court.
Section 52-407xx. - Grounds for modifying or correcting an award.
Section 52-407yy. - Judgment on award. Litigation expenses.
Section 52-407zz. - Jurisdiction.
Section 52-408. - Agreements to arbitrate.
Section 52-409. - Stay of proceedings in court.
Section 52-410. - Application for court order to proceed with arbitration.
Section 52-411. - Appointment of arbitrator or umpire.
Section 52-412. - Subpoenas and depositions.
Section 52-413. - Hearing; time and place; adjournment.
Section 52-414. - Additional arbitrator. Rehearing. Oath.
Section 52-415. - Arbitrators may ask advice of courts.
Section 52-416. - Time within which award shall be rendered. Notice.
Section 52-417. - Application for order confirming award.
Section 52-418. - Vacating award.
Section 52-419. - Modification or correction of award.
Section 52-420. - Motion to confirm, vacate or modify award.
Section 52-422. - Order pendente lite.
Section 52-424. - Reference of pending actions to arbitration.