17 Conn. App. 280 | Conn. App. Ct. | 1989
The defendant in the first case, Design Ideas, Inc., appeals from the judgment of the trial court granting, in part, the plaintiffs’ application to confirm an arbitration award and denying the defendant’s application to vacate that arbitration award.
The following facts are relevant to this appeal. On or about May 3, 1984,
Hearings were conducted on October 16, 1986, November 20, 1986, and January 13, 1987. The parties had until February 16, 1987, to file written briefs with the arbitrator. On March 17,1987, the arbitrator awarded the plaintiffs $21,130 and ordered the return of a deposit made by the plaintiffs to a carpet company.
Subsequent to the award, the plaintiffs filed an application with the Superior Court for an order confirming the award; General Statutes § 52-417;
The defendant claims that the arbitrator engaged in improper conduct and procedures by receiving evidence after the termination of the final hearing. The defendant also claims that the award exceeded the general submission executed by the parties.
“ ‘Arbitration is favored by courts as a means of settling differences and expediting the resolution of disputes.’ Wolf v. Gould, 10 Conn. App. 292, 296, 522 A.2d 1240 (1987). ‘There is no question that arbitration awards are generally upheld and that we give great deference to an arbitrator’s decision since arbitration is favored as a means of settling disputes.’ Hartford v. Local 760, 6 Conn. App. 11, 13, 502 A.2d 429 (1986). ‘The party challenging the award bears the burden of producing evidence sufficient to invalidate or avoid it, and only upon a showing that it “falls within the proscriptions of § 52-418 of the General Statutes, or procedurally violates the parties’ agreement” will the determination of an arbitrator be subject to judicial
The trial court found that all of the parties had signed the submission to the arbitration board. The issue submitted was: “[Cjlaim by Alwin K. and Lillian L. Fraund, and counterclaims by Design Ideas, Inc., arising out of [a] written agreement dated May 2 and May 3, 1984.” The court further found that the award conformed to the submission, except with respect to the deposit held by the carpet company. The court modified the award accordingly.
The scope of the matter to be considered by the arbitrator is limited by the submission. Board of Police Commissioners v. Maher, 171 Conn. 613, 621, 370 A.2d 1076 (1976). “The submission defines the scope of the entire arbitration proceeding by delineating the issues to be decided.” Naugatuck v. AFSCME, 190 Conn. 323, 326, 460 A.2d 1285 (1983). The issue submitted was simply the claim and counterclaims arising out of the written agreement between the parties. The trial court did not err in confirming the award, as the modified award clearly conformed to the parties’ submission. Moreover, the trial court did not err in confirming the award despite the claim that the arbitrator engaged in improper conduct by receiving evidence after the close of the hearings, in violation of the AAA
There is no error.
In this opinion the other judges concurred.
Both applications were consolidated by the trial court.
The contract was signed on May 2, 1984, by Alwin K. Fraund and on May 3, 1984, by the defendant.
General Statutes § 52-417 provides: “At any time within one year after an award has been rendered and the parties to the arbitration notified thereof, any party to the arbitration may make application to the superior court for the judicial district in which the land is situated or, when the court is not in session, to any judge thereof, for an order confirming the award. The court or judge shall grant such an order confirming the award unless the award is vacated, modified or corrected as prescribed in sections 52-418 and 52-419.”
General Statutes § 52-418 provides in relevant part: “(a) Upon the application of any party to an arbitration, the superior court for the judicial district in which one of the parties resides or, in a controversy concerning land, for the judicial district in which the land is situated or, when the court is not in session, any judge thereof, shall make an order vacating the award if it finds any of the following defects: ... (4) if the arbitrators have
General Statutes § 52-419 provides: “(a) Upon the application of any party to an arbitration, the superior court for the judicial district in which one of the parties resides or, in a controversy concerning land, for the judicial district in which the land is situated, or, when the court is not in session, any judge thereof, shall make an order modifying or correcting the award if it finds any of the following defects: (1) If there has been an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property referred to in the award; (2) if the arbitrators have awarded upon a matter not submitted to them unless it is a matter not affecting the merits of the decision upon the matters submitted; or (3) if the award is imperfect in matter of form not affecting the merits of the controversy.
“(b) The order shall modify and correct the award, so as to effect the intent thereof and promote justice between the parties.”
Rule 38 of the commercial arbitration rules of the American Arbitration Association provides: “waiver OP rules. Any party who proceeds with the arbitration after knowledge that any provision or requirement of these rules has not been complied with and who fails to state objection thereto in writing, shall be deemed to have waived the right to object.”