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

Read these next

Category

Arbitration Conversation No. 44: Morenike Obi-Farinde, Founder, ODRAfrica Network

In this episode of the Arbitration Conversation Amy interviews Morenike Obi-Farinde, Founder of the ODRAfrica Network and managing partner of the law firm of ADIGUN OGUNSEITAN & CO. in Lagos,...

By Morenike Obi-Farinde, Amy Schmitz
Category

Canada – Offer to Settle in Advance of Stay Application Must Contain Real Compromise to Justify Higher Costs

This article first appeared on Urbas Arbitral, here. In Kore Meals LLC v. Freshii Development LLC, 2021 ONSC 3736, Mr. Justice M. Morgan provided guidance on how to make an offer...

By Daniel Urbas
Category

Canada – Court Partially Stays Class Action Related to Videogame “Loot Boxes”

This article was first published on the Arbitration Matters blog, here. In Petty v Niantic Inc., 2022 BCSC 1077, Justice Mayer stayed a proposed class action in favour of arbitration, except...

By James Plotkin

Find an Arbitrator