Connecticut Supreme Court Finds State Law Statutory Limitation Period to Vacate Arbitration Award Confers Jurisdiction……

Plaintiff A Better Way Wholesale Autos Inc. filed an application in Connecticut state court seeking to vacate an arbitration award issued in favor of the defendants, James Saint Paul and Julie J. Saint Paul. The defendants filed motions to confirm the award and for attorneys’ fees, and to dismiss the plaintiff’s application. The defendants argued that the application was untimely under Connecticut Statutes section 52-420 (b) and that the trial court, therefore, lacked subject matter jurisdiction. The trial court order granting the defendant’s motions and dismissing the plaintiff’s application was affirmed on appeal. The Supreme Court of Connecticut framed the issues as: (1) whether Connecticut’s 30-day statutory limitation for seeking to vacate an arbitration award is “jurisdictional” in that it implicates the subject matter jurisdiction of state courts; and (2) whether the Connecticut statute is preempted by the FAA, which has a three-month limitation period for seeking to vacate.

Read the complete story here.

Featured Arbitrators

ad
View all
ad

Read these next

Category

Canada – For those SCC Justices Willing to Consider it, Vavilov Applies to Private Commercial Arbitration where Legislation Provides for Appeal

This article first appeared on Urbas Arbitral, here. Canada’s Supreme Court in Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2021 SCC 7 offered to clarify a contracting party’s duty...

By Daniel Urbas
Category

Remedying a Slip in an Award

This blog was originally published on the Practical Law Arbitration blog on 18 May 2021. Practical Law is part of Thomson Reuters A new report by the Arbitration Committee of the NYC Bar attempts to...

By Michael Lampert
Category

Arbitration Conversation No. 53: Canadian Arbitrator Janet Walker

In this episode of the Arbitration Conversation Amy interviews Janet Walker, an independent arbitrator with chambers at Arbitration Place in Toronto, at the International Arbitration Centre in London, and at...

By Janet Walker, Amy Schmitz

Find an Arbitrator

X
X
X