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.
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The purpose of this exercise is to impart to the reader (the parties and their counsel) the advantage of employing all of the benefits of the new Arbitration Act, SBC...
By Kenneth GlasnerThis article was originally published on International Bar Association and on the Troutman Pepper Blog, here. It is republished here with permission. On 1 March 2021, the International Centre for Dispute...
By Albert Bates Jr., R. Zachary Torres-Fowler, Hailey BarnettIn this episode of the Arbitration Conversation Amy interviews Travis Lenkner, Managing Partner of Keller Lenkner LLC. Travis has previous experience as a litigator at an AmLaw 25 law firm,...
By Travis Lenkner, Amy Schmitz
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