(a) Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if:
(1) The award was procured by corruption, fraud or other undue means;
(2) There was: (A) Evident partiality by an arbitrator appointed as a neutral arbitrator; (B) corruption by an arbitrator; or (C) misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;
(3) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy or otherwise conducted the hearing contrary to section 52-407oo so as to prejudice substantially the rights of a party to the arbitration proceeding;
(4) An arbitrator exceeded the arbitrator's powers;
(5) There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under subsection (c) of section 52-407oo not later than the beginning of the arbitration hearing; or
(6) The arbitration was conducted without proper notice of the initiation of an arbitration as required in section 52-407ii so as to prejudice substantially the rights of a party to the arbitration proceeding.
(b) A motion under this section must be filed within thirty days after the movant receives notice of the award pursuant to section 52-407ss or within thirty days after the movant receives notice of a modified or corrected award pursuant to section 52-407tt, unless the movant alleges that the award was procured by corruption, fraud or other undue means, in which case the motion must be made within thirty days after the ground is known or by the exercise of reasonable care would have been known by the movant.
(c) If the court vacates an award on a ground other than that set forth in subdivision (5) of subsection (a) of this section, it may order a rehearing. If the award is vacated on a ground stated in subdivision (1) or (2) of subsection (a) of this section, the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in subdivision (3), (4) or (6) of subsection (a) of this section, the rehearing may be before the arbitrator who made the award or the arbitrator's successor. The arbitrator must render the decision in the rehearing within the same time as that provided in subsection (b) of section 52-407ss for an award.
(d) If the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending.
(P.A. 18-94, S. 23.)
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.