129 Conn. App. 599
Conn. App. Ct.2011Background
- Plaintiffs appeal from trial court judgment denying motion to recover arbitration fees.
- Court appointed arbitrator Peter L. Truebner under §52-410 and §52-411 for contract dispute; arbitration occurred July 2008.
- Arbitrator issued award November 17, 2008 awarding plaintiffs $11,416.90; plaintiffs paid arbitrator $2,500 in fees.
- Defendants objected to enforceability of the award under §52-416(a); court ultimately awarded damages to plaintiffs after default.
- Before judgment, plaintiffs sought return of $2,500 paid to the arbitrator; court denied, holding arbitrator was not a party and thus outside the court’s jurisdiction.
- On appeal, the court sua sponte ordered the arbitrator to be made a party to the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had jurisdiction to order a nonparty arbitrator to disgorge fees. | Selby argues the court has jurisdiction over disputes involving fees paid to the arbitrator. | Truebner argues the arbitrator is not a party and the court has no authority over a nonparty. | Yes; the court lacked jurisdiction to compel disgorgement from a nonparty arbitrator. |
Key Cases Cited
- State v. Salmon, 250 Conn. 147 (1999) (nonparty surety context; explicit statutory rights not present here)
- State v. Marro, 68 Conn.App. 849 (2002) (nonparty status considerations in related actions)
- Security Ins. Co. of Hartford v. Lumbermens Mut. Casualty Co., 264 Conn. 688 (2003) (court lacks jurisdiction over nonparties; service and party status)
- East Haven v. AFSCME, Council 15, Local 1662, 212 Conn. 368 (1989) (limits on judicial power over nonparties)
- Rossman v. Morasco, 115 Conn.App. 234 (2009) (plenary review of trial court jurish—nonparty issue)