CHAPTER 909*
ARBITRATION PROCEEDINGS

      Sec. 52-408. Agreements to arbitrate. An agreement in any written contract, or in a separate writing executed by the parties to any written contract, to settle by arbitration any controversy thereafter arising out of such contract, or out of the failure or refusal to perform the whole or any part thereof, or a written provision in the articles of association or bylaws of an association or corporation of which both parties are members to arbitrate any controversy which may arise between them in the future, or an agreement in writing between two or more persons to submit to arbitration any controversy existing between them at the time of the agreement to submit, or an agreement in writing between the parties to a marriage to submit to arbitration any controversy between them with respect to the dissolution of their marriage, except issues related to child support, visitation and custody, shall be valid, irrevocable and enforceable, except when there exists sufficient cause at law or in equity for the avoidance of written contracts generally.

      (1949 Rev., S. 8151; P.A. 05-258, S. 2.)

      History: P.A. 05-258 added provisions re agreement to arbitrate in dissolution of marriage.

      Cited. 138 C. 63. Agreement can be declared void for fraud, misrepresentation, duress or undue influence. 140 C. 446. Cited. 142 C. 4. If arbitrators are enjoined from acting, the resulting inability to serve would warrant the appointment of new arbitrators. 144 C. 303. Cited. 147 C. 139. Legislative history reveals nothing which would indicate an intent to give the word "controversy" a narrower meaning than its normal connotation. 152 C. 595. Dispute over value of stock, where arbitrators would have to determine not only the value of each share, but also the method to be used in determining that value, is a bona fide dispute and well within the meaning of this section. Id., 595, 596. Where an insurance policy provided for arbitration only of claims arising from accidents with uninsured motorists, question as to whether motorist was uninsured was not a matter for arbitration. 155 C. 270. Cited. 163 C. 327. 171 C. 493. In absence of fraud or partiality court would not intervene in arbitration proceedings. 175 C. 475. Appraisal clause in a fire insurance policy constitutes agreement to arbitrate. 177 C. 273. Cited. 191 C. 316. Cited. 206 C. 113. Cited. 208 C. 352. Cited. 223 C. 761. Cited. 229 C. 465. Section expresses clear public policy in favor of arbitrating disputes. 271 C. 65. Public policy does not require arbitrator to give collateral estoppel effect to prior arbitration awards. 278 C. 578.

      Cited. 28 CA 270. Cited. 30 CA 580. Cited. 38 CA 555. Cited. 39 CA 122; Id., 444. Cited. 45 CA 466. Agreement to arbitrate must be expressed in a writing. 62 CA 83. Section evinces a public policy favoring arbitration as a vehicle for dispute resolution. It is well established that for an agreement to arbitrate to be enforceable, it must be in writing. 81 CA 755.

      Provision in contract which provides for settlement of questions by mutual agreement, or by arbitration to be conclusive on parties, is valid and enforceable unless it can be avoided by equity. 8 CS 321. Cited. 15 CS 120. Does not involve the conduct of arbitration, as such. 20 CS 95. Cited. Id., 188. Cited. 21 CS 134; Id., 488. An agreement for an appraisal, the decision of which is not conclusive as to the ultimate rights of the parties, is not a submission to arbitration. 22 CS 449. Cited. 29 CS 26.

      Sec. 52-409. Stay of proceedings in court. 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 (One judge dissenting). Cited. 156 C. 224. Cited. 163 C. 327. Any right to arbitration had been waived by the 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. Cited. 191 C. 316. Cited. 208 C. 352. Cited. 223 C. 761. Cited. 230 C. 106.

      Cited. 2 CA 230. Cited. 3 CA 511. Cited. 4 CA 339. Cited. 5 CA 333. Cited. 20 CA 23. Cited. 34 CA 11. Cited. 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.

      Cited. 8 CS 2. Cited. 10 CS 396. If the requirements of this 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 the 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 state of Connecticut. 28 CS 173. Cited. 36 CS 266.

      Sec. 52-410. Application for court order to proceed with arbitration. (a) A party to a written agreement for arbitration claiming the neglect or refusal of another to proceed with an arbitration thereunder 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 directing the parties to proceed with the arbitration in compliance with their agreement. The application shall be by writ of summons and complaint, served in the manner provided by law.

      (b) The complaint may be in the following form: "1. On ...., 20.., the plaintiff and the defendant entered into a written agreement for arbitration, of which exhibit A, hereto attached, is a copy. 2. The defendant has neglected and refused to perform the agreement for arbitration, although the plaintiff is ready and willing to perform the agreement. The plaintiff claims an order directing the defendant to proceed with an arbitration in compliance therewith."

      (c) The parties shall be considered as at issue on the allegations of the complaint unless the defendant files answer thereto within five days from the return day, and the court or judge shall hear the matter either at a short calendar session, or as a privileged case, or otherwise, in order to dispose of the case with the least possible delay, and shall either grant the order or deny the application, according to the rights of the parties.

      (1949 Rev., S. 8153; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 150.)

      History: P.A. 78-280 substituted "judicial district" for "county"; P.A. 82-160 rephrased the section and inserted Subsec. indicators; (Revisor's note: In 2001 the reference in Subsec. (b) of this section to the date "19.." was changed editorially by the Revisors to "20.." to reflect the new millennium).

      Where parties to arbitration agreement confide to arbitrators the decision of legal and factual disputes, arbitrators have authority to interpret the agreement. 137 C. 305. Not mandatory. May still present case to arbitrators. 138 C. 57. Order directing defendant to proceed with arbitration pursuant to written agreement is a final judgment. 139 C. 512. Cited. 140 C. 446; 144 C. 303; 147 C. 139. Whether a dispute is an arbitrable one is a legal question for the court rather than for arbitrators, in the absence of a provision in the agreement giving arbitrators such jurisdiction. 148 C. 192. Cited. Id., 696. Under law as laid down by U.S. Supreme Court, dispute is arbitrable unless it may be said with positive assurance that arbitration clause is not susceptible of interpretation covering dispute. Doubts should be resolved in favor of coverage. Id., 708. Cited. 149 C. 154. Cited. 155 C. 271. To obtain order to compel arbitration under insurance policy provisions, plaintiffs must first establish policy coverage. Questions relating to coverage and arbitrability can be adjudicated at same time. Id., 622. Where defendant failed to proceed under this section, equitable doctrine of laches was not available to it to defeat plaintiff's cause of action. 158 C. 467. Cited. 163 C. 327. Order directing arbitration pursuant to insurance contract provision reversed as lower court's finding that plaintiff was a resident of the same household as the insured was not supported by the evidence. 167 C. 450. Statute provides a remedy for an insured aggrieved by the unreasonable refusal of an insurer to proceed with an appraisal procedure. 177 C. 273. Cited. 181 C. 37; Id., 47; Id., 445. Cited. 183 C. 481. Cited. 191 C. 316. Individual employees may be "parties" to a collective bargaining agreement for purposes of this statute if the collective bargaining agreement so provides. 200 C. 51. Cited. Id., 91; Id., 376. Cited. 208 C. 352. Cited. 219 C. 391. Cited. 223 C. 761. Cited. 226 C. 704; Id., 907. Cited. 228 C. 436. Although party seeking to compel arbitration has filed motion to stay legal proceedings in court in which such proceedings are pending, party must still institute an entirely distinct legal action, by separate writ of summons and complaint, in order to obtain order directing opposing party to proceed with arbitration. 244 C. 732. When sole proprietorship becomes a limited liability company all interests and liabilities of the sole proprietorship are transferred to such company. 249 C. 415.

      Cited. 1 CA 253. Truncated pleading procedures and time tables of statute do not violate constitutional principle of separation of powers. 4 CA 339. Cited. 5 CA 333; Id., 517. Cited. 16 CA 209. Cited. 19 CA 235. Cited. 28 CA 139. Cited. 30 CA 803. Cited. 32 CA 190. Cited. 33 CA 152. Cited. 34 CA 11. Cited. 36 CA 839. Cited. 38 CA 555. Cited. 39 CA 429. Cited. 40 CA 294. Selection of Connecticut as arbitral forum is sufficient to confer on a Connecticut court personal jurisdiction over a party to the arbitration agreement. 72 CA 310.

      Motion to confirm or vacate is not a new action but a stage in one already pending. 15 CS 118. Cited. Id., 480. Difference may be arbitrated only if subject matter is covered by the agreement. 16 CS 360. Mere assertion of invalidity of contract not sufficient to oust board of arbitration. 17 CS 14. Application for a court order to compel other party to an arbitration agreement to proceed must be by summons and complaint. 20 CS 46. Cited. Id., 95. Demurrer is a sufficient "answer" to application, as required by this section. Id., 413. Held that each employee is an unnamed principal under a labor contract but if, by virtue of a particular contract, only the company or union can apply to the court for an order to proceed with arbitration, then an individual employee is precluded from doing so. Id. Demurrer to complaint sustained on the grounds that the plaintiffs, ex-employees, had no right to arbitration as the collective bargaining agreement reserved this right to the company or the union and neither had conferred it on the plaintiffs. 21 CS 98. Method used by court to determine whether a dispute falls within the terms of an arbitration agreement. Id., 175. Cited. 41 CS 302.

      Subsec. (a):

      When confronted with an application under subsec. court's task is to determine whether the parties did, in fact, enter into an agreement and whether the agreement provides for arbitration. 81 CA 755.

      Subsec. (c):

      Cited. 215 C. 604.

      Sec. 52-411. Appointment of arbitrator or umpire. (a) If, in a written agreement to arbitrate, a method of appointing an arbitrator or arbitrators or an umpire has been provided, the method shall be followed.

      (b) If no method is provided therein, or if a method is provided and any party thereto fails to use the method, or if for any other reason there is a failure in the naming of an arbitrator or arbitrators or an umpire, or if any arbitrator or umpire dies or is unable or refuses to serve, upon application by a party to the arbitration agreement, 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, any judge thereof, shall appoint an arbitrator or arbitrators or an umpire, as the case may require. A person so appointed an arbitrator or umpire shall act under any arbitration agreement with the same force and effect as if he had been specifically named or referred to therein. Unless otherwise provided in the agreement, the arbitration shall be by a single arbitrator.

      (c) An application under this section and the proceedings thereon shall conform to the application and proceedings provided for in section 52-410, except that such changes shall be made in the complaint as may be necessary to correctly and concisely state the plaintiff's claim.

      (1949 Rev., S. 8154; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 151.)

      History: P.A. 78-280 substituted "judicial district" for "county"; P.A. 82-160 rephrased the section and inserted Subsec. indicators.

      Cited. 140 C. 446. If arbitrators are enjoined from acting, the resulting inability to serve would warrant the appointment of new arbitrators. 144 C. 303. Cited. 163 C. 327. Statute provides a remedy for an insured aggrieved by the unreasonable refusal of an insurer to proceed with an appraisal procedure. 177 C. 273. Cited. 191 C. 316. Cited. 205 C. 424. Cited. 208 C. 352.

      Cited. 3 CA 590. Cited. 28 CA 270. Cited. 33 CA 152. Cited. 38 CA 555.

      Cited. 15 CS 118. Cited. 22 CS 453.

      Sec. 52-412. Subpoenas and depositions. (a) Any arbitrator or umpire and any other persons qualified by law to issue subpoenas in civil actions shall have power to issue subpoenas for the attendance of witnesses and for the production of books, papers and other evidence at arbitration hearings. The subpoenas shall be served in the manner provided by law for the service of subpoenas in a civil action and shall be returnable to the arbitrator or arbitrators or umpire.

      (b) On application of an arbitrator, umpire or other person, the superior court for the judicial district in which one of the parties resides or, in the case of land, for the judicial district in which the land is situated or, when the court is not in session, any judge thereof, shall order necessary process to issue to compel compliance with subpoenas in an arbitration matter in the manner provided by law concerning subpoenas in a civil action.

      (c) Any party to a written agreement for arbitration may make application to the Superior Court, or, when the court is not in session, to a judge thereof, having jurisdiction as provided in subsection (b) of this section, for an order directing the taking of depositions, in the manner and for the reasons prescribed by law for taking depositions to be used in a civil action, for use as evidence in an arbitration.

      (1949 Rev., S. 8155; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 152; P.A. 05-288, S. 179.)

      History: P.A. 78-280 substituted "judicial district" for "county"; P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 05-288 made a technical change in Subsec. (c), effective July 13, 2005.

      Cited. 157 C. 364. Cited. 163 C. 327. Cited. 208 C. 352.

      Cited. 25 CA 126. Cited. 28 CA 270. Cited. 34 CA 772.

      Subsec. (a):

      Cited. 218 C. 646.

      Subsec. (c):

      Cited. 41 CA 625.

      Sec. 52-413. Hearing; time and place; adjournment. The arbitrators to an arbitration matter shall appoint a time and place for the hearing and notify the parties thereof. Upon application of either party and for good cause shown, the arbitrators shall postpone the time of the hearing. The arbitrators may adjourn any hearing, from time to time, as may be necessary. Any postponement or adjournment shall not extend the time, if any, fixed in the arbitration agreement, for rendering the award.

      (1949 Rev., S. 8156; 1969, P.A. 474, S. 1; P.A. 82-160, S. 153.)

      History: 1969 act deleted reference to extension of time "as prescribed in section 52-416"; P.A. 82-160 rephrased the section.

      Cited. 138 C. 63. Fact that some of the parties, after due notice, ignore hearing does not affect validity of hearing or right of arbitrators to decide the dispute upon the evidence submitted. 146 C. 17. Taken with section 52-416 this section permits parties to extend by writing time in which arbitrators must make their awards. 157 C. 362. Cited. 163 C. 327. Cited. 171 C. 493. Cited. 211 C. 541. Cited. 218 C. 646.

      Cited. 27 CA 386. Cited. 28 CA 270.

      Cited. 17 CS 14. Statutory requirements must be followed when parties to an arbitration agreement seek to extend the period. 20 CS 183.

      Sec. 52-414. Additional arbitrator. Rehearing. Oath. (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. Cited. 163 C. 327. Cited. 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. Cited. 218 C. 646.

      Cited. 28 CA 270.

      Cited. 17 CS 15. Cited. 20 CS 47. Arbitrator can hear no testimony until he has been sworn. 19 CS 387.

      Subsec. (a):

      Cited. 26 CA 418. Cited. 32 CA 250.

      Subsec. (d):

      Oath provision of statute does not apply to members of state board of mediation and arbitration. 3 CA 590. Cited. 16 CA 486.

      Sec. 52-415. Arbitrators may ask advice of courts. At any time during an arbitration, upon request of all the parties to the arbitration, the arbitrators or an umpire shall make application to any designated court, or to any designated judge, for a decision on any question arising in the course of the hearing, provided such parties shall agree in writing that the decision of such court or judge shall be final as to the question determined and that it shall bind the arbitrators in rendering their award. An application under this section may be heard in the manner provided by law for the hearing of written motions at a short calendar session, or otherwise as the court or judge may direct.

      (1949 Rev., S. 8158.)

      Cited. 163 C. 327. Cited. 189 C. 16. "Language of the statute militates against the availability of any appellate review." 197 C. 26. Cited. 199 C. 618. Cited. 208 C. 411. Cited. 218 C. 646. Cited. 223 C. 761.

      Cited. 1 CA 207. Cited. 5 CA 61. Cited. 16 CA 711. Cited. 28 CA 270; Id., 337.

      Cited. 17 CS 427. Court dismissed application where advice on issue of insurance coverage was tantamount to using a declaratory form of action. 25 CS 504.

      Sec. 52-416. Time within which award shall be rendered. Notice. (a) If the time within which an award is rendered has not been fixed in the arbitration agreement, the arbitrator or arbitrators or umpire shall render the award within thirty days from the date the hearing or hearings are completed, or, if the parties are to submit additional material after the hearing or hearings, thirty days from the date fixed by the arbitrator or arbitrators or umpire for the receipt of the material. An award made after that time shall have no legal effect unless the parties expressly extend the time in which the award may be made by an extension or ratification in writing.

      (b) The award shall be in writing and signed by the arbitrator or arbitrators, or a majority of them, or by the umpire. Written notice of the award shall be given to each party.

      (1949 Rev., S. 8159; 1969, P.A. 474, S. 2; P.A. 82-160, S. 155.)

      History: 1969 act required rendering of award within thirty days from date hearing or hearings completed or within thirty days after date fixed for receipt of additional material, if applicable, where previously award was to be rendered "within sixty days from the date on which such arbitrator or arbitrators were empowered to act"; P.A. 82-160 rephrased the section and inserted Subsec. indicators.

      Is a general provision and does not apply as against section 31-97 governing proceedings before the board. 136 C. 205. Cited. 138 C. 68. Concerns arbitration awards generally. Distinguished from section 31-98. 145 C. 53. Award made after period limited must be vacated where there was no extension in writing of time for making same. 157 C. 362. Cited. 163 C. 327. Cited. 177 C. 484. Cited. 200 C. 345. Cited. 211 C. 541. Cited. 218 C. 646.

      Cited. 7 CA 272. Cited. 23 CA 727. Cited. 26 CA 418. Cited. 28 CA 270. Cited. 29 CA 484. Cited. 32 CA 250. Applies only when agreement does not specify time within which award must be rendered. 80 CA 1.

      Statute is directory rather than mandatory. 18 CS 239. Where there was nothing in the application to indicate when the arbitrator was empowered to act, a finding that the award was not made within the time limit was overruled. 19 CS 385. Where award is not rendered within the sixty-day period, motion to vacate must be made within thirty days thereafter under section 52-420; motion to strike answer in lieu of demurrer permissible procedure. 20 CS 94. Only the parties to an arbitration agreement may extend the sixty-day period. Id., 185. Not applicable to an arbitration before the Connecticut board of mediation and arbitration. Id., 303. Statute is not applicable to arbitration of a grievance between an employer and a union arising under a collective bargaining contract. 36 CS 223. Cited. 41 CS 302.

      Subsec. (a):

      Cited. 203 C. 133.

      Cited. 10 CA 292. Cited. 30 CA 580. Cited. 41 CA 649.

      Sec. 52-417. Application for order confirming award. 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. Cited. 147 C. 524. If award is not vulnerable under section 52-418, 52-419 or 52-420, plaintiff entitled to confirmation. 146 C. 17. Cited. 155 C. 278. Cited. 163 C. 327. Under this section, only party to arbitration can seek confirmation of award. 171 C. 420. Cited. 174 C. 583. Cited. 176 C. 401. Cited. 179 C. 184; Id., 678. Cited. 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. Cited. 189 C. 16. Cited. 190 C. 707. Cited. 191 C. 336. Cited. 201 C. 577. Cited. 203 C. 133. Cited. 205 C. 178. Cited. 206 C. 113; Id., 465. Cited. 208 C. 352. Cited. 209 C. 280. Cited. 211 C. 640. Cited. 212 C. 83; Id., 652. Cited. 216 C. 612. Cited. 218 C. 646; Id., 681. Cited. 221 C. 206. Cited. 223 C. 1. Cited. 224 C. 758; Id., 766. Cited. 225 C. 223. Cited. 229 C. 465. Cited. 234 C. 123. Cited. 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.

      Cited. 1 CA 154. Cited. 4 CA 577. Cited. 6 CA 438. Cited. 7 CA 175; Id., 272. Cited. 10 CA 292; Id., 611. Cited. 14 CA 257. Cited. 17 CA 280. Cited. 28 CA 270. Cited. 30 CA 157. Cited. 33 CA 1; Id., 737. Cited. 34 CA 27. Cited. 35 CA 638. Cited. 37 CA 708. Cited. 39 CA 122. Cited. 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.

      Cited. 15 CS 120. Cited. 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 section 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 thirty day time limit for such motion has expired. 29 CS 22. Cited. 42 CS 336.

      Sec. 52-418. Vacating award. (a) Upon the application of any party to an arbitration, 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, any judge thereof, shall make an order vacating the award if it finds any of the following defects: (1) If the award has been procured by corruption, fraud or undue means; (2) if there has been evident partiality or corruption on the part of any arbitrator; (3) if the arbitrators have been guilty of misconduct in refusing to postpone the hearing upon sufficient cause shown or in refusing to hear evidence pertinent and material to the controversy or of any other action by which the rights of any party have been prejudiced; or (4) if the arbitrators have exceeded their powers or so imperfectly executed them that a mutual, final and definite award upon the subject matter submitted was not made.

      (b) If an award is vacated and the time within which the award is required to be rendered has not expired, the court or judge may direct a rehearing by the arbitrators. Notwithstanding the time within which the award is required to be rendered, if an award issued pursuant to a grievance taken under a collective bargaining agreement is vacated the court or judge shall direct a rehearing unless either party affirmatively pleads and the court or judge determines that there is no issue in dispute.

      (c) Any party filing an application pursuant to subsection (a) of this section concerning an arbitration award issued by the State Board of Mediation and Arbitration shall notify said board and the Attorney General, in writing, of such filing within five days of the date of filing.

      (1949 Rev., S. 8161; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 157; P.A. 87-19; P.A. 97-134.)

      History: P.A. 78-280 substituted "judicial district" for "county"; P.A. 82-160 rephrased the section, inserted Subsec. indicators and replaced alphabetic Subdiv. indicators with numeric indicators; P.A. 87-19 added Subsec. (c) to provide that the state board of mediation and arbitration and the attorney general must be notified by any party filing to vacate an award issued by the board; P.A. 97-134 amended Subsec. (b) to permit a rehearing of an award unless a party affirmatively pleads and judge determines no issue is disputed.

      Plaintiffs were not in fact parties to the arbitration, nor were they parties through representation by the union and they had no standing to apply to have award vacated. 135 C. 10. Cited. 138 C. 65. Cited. 139 C. 514. Application to vacate award should be granted where arbitrator exceeded his powers. Id., 591. Powers of an arbitrator are limited by the agreement of submission. 140 C. 32. "Undue means" discussed. 142 C. 190. An award may be vacated if the arbitrators exceeded their powers. 143 C. 399. When there is no adequate remedy at law, the party claiming injury through partiality and fraud can invoke the equitable powers of a court for an appropriate remedy. 144 C. 303. Applicable to awards of board of mediation and arbitration, as well as to arbitration awards generally. 145 C. 53. Power of arbitrators outlined by terms of submission. Id., 285. If dispute arose while agreement was operative, arbitrators had jurisdiction. 146 C. 17. Member of union not a party to the arbitration and therefore not entitled to apply to have the award vacated. 147 C. 139. Burden rests on party attacking the award to produce evidence sufficient to invalidate or avoid it. Id., 524. Cited. 150 C. 547. Award properly vacated where it was made more than sixty days from date arbitrators were empowered to act. 157 C. 362. Cited. 160 C. 411. Cited. 162 C. 422. Cited. 163 C. 309; Id., 327. In deciding whether arbitrators have exceeded their powers under subsection (d), the court need only examine the submission and the award to determine whether the award conforms to the submission. 164 C. 472. The court is bound by the arbitrator's determination unless that determination falls within the proscriptions of this section or procedurally violates the parties' agreement. 167 C. 315. Board of education's agreement to submit a question to arbitrator waived any objection to the question as not being arbitrable or within matters enumerated for arbitration. 168 C. 54. Arbitration is a creature of contract between the parties and its autonomy requires a minimum of judicial intrusion. Id. Cited. 171 C. 420; Id., 493. In deciding whether to vacate arbitration award on ground that arbitrators "exceeded their powers" under this section, court should examine submission and award to determine if latter conforms to former. 173 C. 287. Cited. 174 C. 583. Cited. 175 C. 24 Cited. 176 C. 401. Cited. 178 C. 557. Cited. 179 C. 184; Id., 678. Cited. 183 C. 102. Cited. 184 C. 578, 580. Where trial court vacates an arbitration award before the time "within which the award is required to be rendered" has expired, it is, under this statute, empowered to order a rehearing of the matter by the arbitrators. 187 C. 228. Cited. 189 C. 16; Id., 560. A finding of arbitrability is not an award until it becomes part of an award on the merits. 190 C. 323. Cited. Id., 707. Cited. 191 C. 316; Id., 336. Cited. 195 C. 266. Cited. 196 C. 623. Cited. 197 C. 26. Cited. 199 C. 618. Cited. 200 C. 345; Id., 376. Cited. 201 C. 50; Id., 577. Cited. 203 C. 133. De novo judicial review of compulsory arbitration proceedings discussed. 205 C. 178. Cited. 206 C. 113; Id., 465; Id., 643. Cited. 208 C. 187; Id., 352. Sec. 52-417 to 52-421 cited. Id. Cited. Id., 411. Cited. 209 C. 280. Cited. 210 C. 333. Cited. 211 C. 7; Id., 541; Id., 640. Cited. 212 C. 83. Cited. 213 C. 525; Id., 532. Cited. 214 C. 209. Cited. 215 C. 157; Id., 399. Cited. 216 C. 612. Cited. 217 C. 110. Cited. 218 C. 646; Id., 681. Cited. 221 C. 206. Cited. 222 C. 480. Cited. 223 C. 1; Id., 761. Cited. 224 C. 766. Cited. 225 C. 223. Cited. 226 C. 475. Cited. 229 C. 359. Trial court vacated arbitration award; judgment of appellate court in White v. Kampner, 31 CA 75, reversing judgment of trial court, reversed. Id., 465. Cited. 234 C. 123; Id., 217; Id., 817. Cited. 237 C. 114. Cited. 238 C. 293. Cited. 239 C. 32; Id., 537. Cited. 272 C. 617.

      Unless collective bargaining agreement provides for personal right to seek arbitration an employee subject to the agreement is not a "party to the arbitration". Standing is a matter of subject matter jurisdiction which cannot be conferred by the parties. 1 CA 154. Cited. Id., 207; Id., 219. Cited. 3 CA 250; Id., 697. Cited. 4 CA 21; Id., 577. Cited. 5 CA 61; Id., 636. Cited. 6 CA 11; Id., 438. Cited. 7 CA 286. Cited. 9 CA 396. Cited. 10 CA 292; Id., 611. Cited. 12 CA 642. Cited. 13 CA 461. Cited. 14 CA 153; Id., 257. Cited. 16 CA 486. Cited. 17 CA 280. Cited. 20 CA 67. Cited. 23 CA 24; Id., 727. Cited. 26 CA 351. Cited. 27 CA 386; Id., 635. Cited. 28 CA 337. Cited. 29 CA 484. Cited. 30 CA 157. Cited. 31 CA 73; judgment reversed; see 229 C. 465. Cited. 32 CA 289. Cited. 33 CA 1; Id., 626; Id., 737. Cited. 34 CA 27. Cited. 35 CA 338; Id., 775; Id., 804. Cited. 36 CA 29. Cited. 37 CA 1; Id., 708. Cited. 39 CA 122. Cited. 43 CA 800. Cited. 44 CA 415; Id., 506. Cited. 45 CA 237. Cited. 46 CA 520. Broad and unrestricted arbitration clauses in purchase and sale agreements that provided for arbitration "concerning any matter provided for herein or arising hereunder" gave trial court the authority to determine amounts owed on each note and to direct that they be paid by defendants. 62 CA 83. Trial court's determination was proper and consistent with applicable collective bargaining agreement. 75 CA 198.

      When applications are commenced. 15 CS 118. Proceedings of agreement to arbitrate not affected by limitations between union and employer. Id., 391. Cited. Id., 397. Cited. 16 CS 137. Meaning of "an application to the court". Id., 505. Cited. 17 CS 14. Cited. 18 CS 231. To vacate an award, court must find arbitrator's interpretation clearly untenable. 19 CS 71;. Id, 347. Cited. 20 CS 91. The charter of an arbitrator is the submission but the provisions of the contract in question must be read as a whole. Id., 451. A labor arbitration award which contravenes public policy by its construction of a labor agreement is void. 22 CS 475. See note to section 52-416. Cited. 29 CS 25. Cited. 32 CS 85. Since the parties by the agreement of submission define the scope of the arbitration, an award will not be vacated if it conforms to the submission. 36 CS 223. Cited. 40 CS 145; Id., 365. Cited. 42 CS 336. Cited. 43 CS 470. Cited. 44 CS 312; Id., 482. Cited. 45 CS 130. Absent violation of the statute, courts should not interfere in arbitral decision. Id., 144.

      Former Subdiv. (b):

      Cited. 140 C. 446.

      Former Subdiv. (c):

      Cited. 38 CS 80.

      Former Subdiv. (d):

      Cited. 141 C. 514; Id., 606. The question submitted to arbitration was whether the collective bargaining agreement was violated by the company's "present operating practice." The award, by defining a course of conduct which could be followed in the future, went beyond the submission and could not be upheld. 149 C. 687. In deciding whether arbitrators have "exceeded their powers", as that phrase is used in this subsection, courts need only examine the submission and award to determine whether award conforms to submission. 171 C. 420. Cited. 176 C. 401. Cited. 181 C. 211; Id., 449. Cited. 183 C. 579.

      Inherently inconsistent award was vacated as arbitrator acted in violation, of subsection, imperfectly executing his powers. 27 CS 278. Since the law of the forum determines the remedy, an Iowa law prohibiting the stacking of uninsured motorist coverage was inapplicable and the arbitrator's award was confirmed. 36 CS 232. Cited. 38 CS 80.

      Subsec. (a):

      Subdiv. (4) cited. 190 C. 14. Cited. 209 C. 579. Cited. 212 C. 368. Subdiv. (4) cited. Id., 652; 214 C. 734. Cited. 218 C. 51. Cited. 231 C. 563. Subdiv. (4) cited. 234 C. 408. Subdiv. (3): Misconduct under the section may be waived. Judgment of appellate court reversed in New Haven v. Local 884, Council 14, AFSCME, AFL-CIO, 38 CA 709. 237 C. 378. Subdiv. (4): Arbitrators did not exceed their powers when they failed to give collateral estoppel effect to a prior arbitration award. 248 C. 108. Challenge to voluntary arbitration award rendered pursuant to an unrestricted submission which raises a legitimate and colorable claim of violation of public policy requires de novo judicial review. 257 C. 80. Trial court did not err in confirming arbitration award. In matters where an arbitration submission is unrestricted, arbitrator's award shall not be vacated unless award rules on constitutionality of a statute, violates clear public policy or contravenes one or more statutory prescriptions of section. 273 C. 86. Trial court correctly determined that plaintiff had not adduced sufficient evidence of partiality or bias by the arbitrator to justify vacatur of award under Subdiv. (2). 276 C. 599. Arbitrator's failure to consider trial testimony of defendant's employee concerning employee's bribes to plaintiff's former mayor in exchange for awards of construction contracts constituted misconduct, because evidence was not cumulative and provided additional information. 278 C. 466.

      Subdiv. (4) cited. 3 CA 286. Subdiv. (2) cited. 9 CA 260. Cited. 16 CA 711. Cited. 23 CA 107. Subdiv. (4) cited. Id., 107. Cited. 24 CA 254. Subdiv. (4) cited. 33 CA 669. Cited. 35 CA 638. Subdiv. (3): Once a finding of misconduct made, court required to vacate award. 38 CA 709. Subdiv. (3) cited. 44 CA 764. Cited. 45 CA 432. Subdiv. (3) cited. Id. Subdiv. (4) cited. Id. Subdiv. (4) is not sole source of court's power of review of arbitration. 48 CA 849. Award not definite under Subdiv. (4) where remedy remained open to negotiation and award left a specific remedy to the predilection of a party. 49 CA 33. Plaintiff has burden of establishing the award is invalid because it falls within the proscriptions of section. Id., 443. Review of unrestricted submissions discussed; arbitrators' decision conforms to submission. 53 CA 702. In the event part of an arbitration award is within the scope of the submission and part award is not, court may vacate any portion of the award that does not disturb the merits of the arbitration. 56 CA 786. When agreement is silent, arbitration board may establish standard of proof without violating requirements of notice and full and fair hearing. 57 CA 490. Subdiv. (4): Where submission was voluntary and unrestricted, court did not err in failing to vacate entire award since award conformed to submission, but court did err in failing to confirm entire award when it improperly substituted its findings of fact and conclusions of law for that of the arbitrator. 59 CA 224. Arbitration award vacated where award was open to negotiation. The fact that a failed negotiation might return to a different arbitrator did mitigate the indefiniteness, or lack of finality, of the award. 72 CA 274. It is axiomatic that any challenge to an award under Subdiv. (4), on ground that arbitrator exceeded his powers, is limited to comparison of award with submission. 80 CA 1. Party challenging arbitration award on the ground that arbitrator refused to receive material evidence must prove that, by virtue of an evidentiary ruling, he was in fact deprived of full and fair hearing before the arbitration panel. 81 CA 532. Subdiv. (4): With unrestricted submission, court's review of the award is limited to determination of whether it conforms to the submission. Id., 726. Award that is legally incorrect does not fall within exception provided in Subdiv. (4) and should not be set aside. 84 CA 826. Subdiv. (4): Court did not abuse its discretion in finding that arbitration award conformed to the submission and declining to examine arbitrator's reasoning in arriving at the award because, when submission is unrestricted, court is confined to examination of the submission and award to determine whether the award conformed to the submission. 86 CA 686.

      Subdiv. (4): Arbitration award that upheld the disciplining of a police officer for his insistence on being truthful contravenes public policy and therefore exceeds the powers of the arbitrator and is vacated as void and unenforceable. 40 CS 145. Subdiv. (3) cited. 41 CS 17. Subdiv. (4) cited. Id.; 43 CS 32; 45 CS 130. Labor union that sought to challenge an arbitration award failed to meet burden of demonstrating that the arbitration panel's award violated this section. 47 CS 559. On application to vacate an award on the ground that it violates public policy, court first addresses whether an explicit public policy has been identified in the application and then whether arbitrators' award violated this clear public policy. 48 CS 38.

      Subsec. (b):

      Cited. 218 C. 51. Although it is within discretion of trial court to decide whether to submit the issues to the initial arbitrator, the court may also refer the matter to a new arbitrator. 249 C. 474. Trial court had authority to remand case to arbitration panel to clarify its decision and complete its task without vacating award. 271 C. 474.

      In 1997 amendment, legislature chose to make rehearing mandatory for arbitral awards pursuant to a collective bargaining agreement, irrespective of time within which award was required to have been rendered. Legislature did not manifest intent to require court to remand award for new hearing by new arbitrator. Text of statute does not require de novo hearing on remand. 66 CA 202.

      Sec. 52-419. Modification or correction of award. (a) Upon the application of any party to an arbitration, 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, any judge thereof, shall make an order modifying or correcting the award if it finds any of the following defects: (1) If there has been an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the award; (2) if the arbitrators have awarded upon a matter not submitted to them unless it is a matter not affecting the merits of the decision upon the matters submitted; or (3) if the award is imperfect in matter of form not affecting the merits of the controversy.

      (b) The order shall modify and correct the award, so as to effect the intent thereof and promote justice between the parties.

      (1949 Rev., S. 8162; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 158.)

      History: P.A. 78-280 substituted "judicial district" for "county"; P.A. 82-160 rephrased the section, inserted Subsec. indicators and replaced alphabetic Subdiv. indicators with numeric indicators.

      Does not empower court to make a correction which affects the merits of the controversy. 136 C. 205. Cited. 141 C. 606; 146 C. 17. Addition by court of "no" as answer to submitted question, where award was denied, was allowed. 151 C. 650. Cited. 160 C. 411. Cited. 163 C. 327. Cited. 167 C. 315. Cited. 176 C. 401. Cited. 178 C. 557. Cited. 179 C. 678. Cited. 189 C. 560. Cited. 190 C. 707. Cited. 196 C. 623. Cited. 197 C. 26. Cited. 200 C. 376. Cited. 206 C. 113. Sec. 52-417 to 52-421 cited. 208 C. 352. Cited. 209 C. 280. Cited. 212 C. 83. Cited. 216 C. 612. Cited. 217 C. 110. Cited. 218 C. 646. Cited. 224 C. 758. Cited. 234 C. 123. Cited. 239 C. 32.

      Cited. 2 CA 346. Cited. 4 CA 577. Cited. 16 CA 711. Cited. 17 CA 280. Cited. 29 CA 484. Cited. 30 CA 157. Cited. 33 CA 1. Cited. 34 CA 27. Cited. 35 CA 338. Cited. 39 CA 122. Cited. 44 CA 415. Cited. 45 CA 769.

      Cited. 15 CS 120. Cited. 16 CS 137. Cited. 18 CS 237. Cited. 20 CS 97. Cited. 29 CS 25. Cited. 42 CS 336. Cited. 45 CS 130.

      Subsec. (a):

      Subdiv. (1) cited. 190 C. 14.

      Cited. 35 CA 638. Does not apply to voluntary arbitration where there has been no evident material miscalculation of figures or evident material mistake in description of any thing or property referred to in the award. 93 CA 704.

      Subsec. (b):

      Cited. 183 C. 579.

      Subsec. (c):

      Although it is true that statute authorizes correction of an award by superior court, correction is made only on the timely application of a party to the arbitration. 149 C. 687.

      Sec. 52-420. Motion to confirm, vacate or modify award. (a) Any application under section 52-417, 52-418 or 52-419 shall be heard in the manner provided by law for hearing written motions at a short calendar session, or otherwise as the court or judge may direct, in order to dispose of the case with the least possible delay.

      (b) No motion to vacate, modify or correct an award may be made after thirty days from the notice of the award to the party to the arbitration who makes the motion.

      (c) For the purpose of a motion to vacate, modify or correct an award, such an order staying any proceedings of the adverse party to enforce the award shall be made as may be deemed necessary. Upon the granting of an order confirming, modifying or correcting an award, a judgment or decree shall be entered in conformity therewith by the court or judge granting the order.

      (1949 Rev., S. 8163; P.A. 82-160, S. 159.)

      History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.

      Cited. 136 C. 206. Filing motion with clerk of superior court within time limited is sufficient though notice not given defendants until after that time. 137 C. 298. Cited. 146 C. 17. Procedure re modification of award discussed. 147 C. 139. Cited. 149 C. 691. Cited. 155 C. 278. Cited. 163 C. 327. Cited. 176 C. 401. Cited. 179 C. 678. Cited. 181 C. 449. Cited. 190 C. 323. Cited. 200 C. 376. Cited. 201 C. 50. Cited. 206 C. 113. Sec. 52-417 to 52-421 cited. 208 C. 352. Cited. 212 C. 83. Cited. 217 C. 110. Cited. 225 C. 339. Cited. 226 C. 475. Cited. 229 C. 359.

      Cited. 4 CA 339. Cited. 29 CA 736. Cited. 32 CA 250. Cited. 33 CA 1. Cited. 39 CA 122. In matter where trial court had confirmed arbitration award, and thereafter no motion to modify the judgment was filed within requisite thirty day period, trial court committed reversible error when it added requirement that plaintiff's assignment of interest in certain property to defendant was a prerequisite to granting of a bank execution in plaintiff's favor. Trial court's action amounted to improper modification of arbitration award rather than effectuation of the award. 88 CA 74.

      Fact that notice of the application was given the defendants by a summons rather than by a rule to show cause is not important. 16 CS 505. Contemplates and permits procedure involving use of motions in substitution for conventional forms of pleading. 20 CS 91. Taxation of costs for such proceedings are in the discretion of the court as there is no provision otherwise in the statutes. 21 CS 331. See note to section 52-416. Cited. 29 CS 25; Id., 289. Cited. 45 CS 130.

      Failure to move under statute will preclude aggrieved party from seeking correction of award in circuit court. 2 Conn. Cir. Ct. 66.

      Subsec. (a):

      Cited. 20 CA 1, 5.

      Subsec. (b):

      Cited. 197 C. 26. Claim of fraud does not toll the thirty-day period within which a motion to vacate arbitration award must be filed pursuant to this subsec. 264 C. 307.

      Cited. 7 CA 272. Cited. 20 CA 1. Cited. 36 CA 29. Cited. 39 CA 444. Trial court's action in setting appropriate amount of compensation essentially operated as a modification of the judgment confirming arbitration award and was improper since it came after expiration of the thirty-day period. 72 CA 334.

      Sec. 52-421. Record to be filed with clerk of court. Effect and enforcement of judgment or decree. (a) Any party applying for an order confirming, modifying or correcting an award shall, at the time the order is filed with the clerk for the entry of judgment thereon, file the following papers with the clerk: (1) The agreement to arbitrate, (2) the selection or appointment, if any, of an additional or substitute arbitrator or an umpire, (3) any written agreement requiring the reference of any question as provided in section 52-415, (4) each written extension of the time, if any, within which to make the award, (5) the award, (6) each notice and other paper used upon an application to confirm, modify or correct the award, and (7) a copy of each order of the court upon such an application.

      (b) The judgment or decree confirming, modifying or correcting an award shall be docketed as if it were rendered in a civil action. The judgment or decree so entered shall have the same force and effect in all respects as, and be subject to all the provisions of law relating to, a judgment or decree in a civil action; and it may be enforced as if it had been rendered in a civil action in the court in which it is entered. When the award requires the performance of any other act than the payment of money, the court or judge entering the judgment or decree may direct the enforcement thereof in the manner provided by law for the enforcement of equitable decrees.

      (1949 Rev., S. 8164; P.A. 82-160, S. 160.)

      History: P.A. 82-160 rephrased the section, inserted Subsec. indicators and replaced alphabetic Subdiv. indicators with numeric indicators.

      Cited. 155 C. 278. Final judgment by arbitrators as to employment discrimination bars action under section 31-126 (52-421). 163 C. 309. Cited. Id., 316. Cited. 176 C. 401. Cited. 206 C. 113. Cited. 208 C. 352. Cited. 222 C. 480.

      Cited. 4 CA 577.

      Subsec. (b):

      Cited. 33 CA 1.

      Sec. 52-422. Order pendente lite. At any time before an award is rendered pursuant to an arbitration under this chapter, 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 said court is not in session, any judge thereof, upon application of any party to the arbitration, may make forthwith such order or decree, issue such process and direct such proceedings as may be necessary to protect the rights of the parties pending the rendering of the award and to secure the satisfaction thereof when rendered and confirmed.

      (1949 Rev., S. 8165; P.A. 78-280, S. 2, 127.)

      History: P.A. 78-280 substituted "judicial district" for "county".

      Cited. 140 C. 446. Order entered pursuant to section temporarily reinstating the plaintiff was immediately appealable as a final judgment. 228 C. 106. Cited. 232 C. 175. Cited. 233 C. 370. Although court had subject matter jurisdiction over an arbitration dispute because an award had not yet been rendered and the allegation was that injunctive relief was necessary to protect rights pending the rendering of the award, in this case concerning matters reserved to arbitration there was no basis on which to conclude that injunctive relief sought by plaintiff was essential or indispensable to safeguard rights. 271 C. 329.

      Sec. 52-423. Appeal. An appeal may be taken from an order confirming, vacating, modifying or correcting an award, or from a judgment or decree upon an award, as in ordinary civil actions.

      (1949 Rev., S. 8166.)

      Cited. 197 C. 26. Cited. 200 C. 91; Id., 376. Cited. 201 C. 50. Cited. 206 C. 113. Cited. 208 C. 352. Cited. 223 C. 761. Defendant may not appeal trial court's order to remand case to arbitration panel because court did not vacate award and hence order does not constitute appealable final judgment under this section, nor does order meet Curcio test for appeal of an interlocutory order. 271 C. 474.

      Section has been recognized as authoritative source of law concerning appellate jurisdiction to consider the merits of arbitration appeals. 66 CA 202.

      Sec. 52-424. Reference of pending actions to arbitration. When the parties to any action pending in court desire to refer it to arbitration, each may choose one arbitrator and the court may appoint a third; and the award of such arbitrators, returned to and accepted by the court, shall be final, and judgment shall be rendered pursuant thereto and execution granted thereon with costs.

      (1949 Rev., S. 8167.)

      It is a waiver of objections going to the personal disability of the plaintiff to sue. 2 R. 429. Whether the disqualifications of judges apply to such arbitrators, quaere. 14 C. 29. Such submission does not put an end to the action. 21 C. 537.

      Cited. 38 CA 555.