CHAPTER 909
ARBITRATION PROCEEDINGS

Table of Contents

Sec. 52-408. Agreements to arbitrate.
Sec. 52-416. Time within which award shall be rendered. Notice.
Sec. 52-418. Vacating award.
Sec. 52-420. Motion to confirm, vacate or modify award.

      Sec. 52-408. Agreements to arbitrate.

      If a contract is challenged as illegal, but its arbitration provisions are not specifically challenged, the challenge should be considered by an arbitrator, not a court. 282 C. 54.

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      Sec. 52-416. Time within which award shall be rendered. Notice.

      Subsec. (a):

      If there is no evidence of an express extension of the 30-day requirement, there is nothing to support a finding of waiver. Failure to object to an untimely arbitration award is insufficient to indicate waiver. 100 CA 373.


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      Sec. 52-418. Vacating award.

      Subsec. (a):

      Subdiv. (4): Trial court properly denied plaintiff union's application to vacate arbitration award, plaintiff having failed to establish its claim that arbitrator manifestly disregarded the law in concluding that article two of collective bargaining agreement pertaining to management rights, rather than article nine pertaining to layoffs, applied to facts of case; given arbitrator's finding that grievant was unable to perform duties of a security guard, it was not unreasonable for arbitrator to conclude that article nine did not address layoffs of individuals for being unable to perform duties of their position. 99 CA 54. Arbitration panel did not exceed and imperfectly execute its powers because its award did not conform to the parties' submission. Trial court did not improperly refuse to vacate award. 102 CA 61.


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      Sec. 52-420. Motion to confirm, vacate or modify award.

      Subsec. (b):

      It is not necessary to file motion to vacate an award within the time frame set forth in this statute in cases where the arbitration award has no legal effect due to the arbitrator's untimely award, and the parties' lack of waiver of 30-day requirement. 100 CA 373.


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