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

View all

Read these next


A New Federal Arbitration Program Stumbles Out of the Gate

In 2020 Congress passed the "No Surprises Act" [i] (The "Act") to address the sometimes-abusive practice of Out-of-Network medical billing. The Act created a federal arbitration program to adjudicate disputes...

By David Berry

Dispute on Arbitrability Needs an Arbitrator

This article first appeared on McDermott Will & Emery’s IP Update, here. The US Court of Appeals for the Federal Circuit found that a license agreement between two parties required...

By Ralph E. Gaskins

Has the 11th Circuit Clarified the Transportation Worker Exemption of the FAA or Just Created a Circuit Split?

This article was first published on the Employment Class Action Blog here. In a published June 22 opinion, the Eleventh Circuit laid out a clear test for the Federal Arbitration...

By John Lewis

Find an Arbitrator