§ 52-417 — Application for order confirming award.

Connecticut § 52-417

• Jurisdiction: Connecticut
• Title 52: Civil Actions
• Ch. 909: Arbitration Proceedings

Text

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.

Legislative History

(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.