Motion to Vacate Arbitration Award
(CT)

Summary

This template is a motion for an order by a Connecticut superior court vacating a contractual arbitration award. This template includes practical guidance, drafting notes, and alternate and optional clauses. This template is drafted for use in proceedings under Connecticut's Revised Uniform Arbitration Act (RUAA, set forth at Conn. Gen. Stat. § 52-407aa et seq.), which applies to arbitration agreements made on or after October 1, 2018. See Conn. Gen. Stat. § 52-407cc. Agreements made before that date continue to be governed by Connecticut's prior arbitration statutes (Conn. Gen. Stat. § 52-408 et seq.). See Conn. Gen. Stat. § 52-407eee. However, since the procedures for vacating an arbitration award are essentially identical under both laws, this template may be adapted for use in procedures under the prior statutes. Under both the RUAA and prior law, a party who seeks to vacate an arbitration award must make a timely motion to the appropriate court. See Conn. Gen. Stat. § 52-407ww (RUAA); Conn. Gen. Stat. § 52-418 (prior statute). The RUAA provides that a motion to vacate an award may be joined with a motion to modify or correct the award. See Conn. Gen. Stat. § 52-407xx(c). For a template motion to modify or correct an award, see Motion to Modify or Correct Arbitration Award (CT). Under the RUAA, a motion to vacate an arbitration award generally must be filed within 30 days after the moving party receives notice of the award (or a modified or corrected award) from the arbitrator. However, if the moving party alleges that the award was procured by corruption, fraud or other undue means (see Conn. Gen. Stat. § 52-407ww(a)(1)), the motion must be made within 30 days after the ground is known or by the exercise of reasonable care would have been known by the moving party. Conn. Gen. Stat. § 52-407ww(b). Under the prior statute, the deadline is 30 days after the moving party received notice of the award in all cases. See Conn. Gen. Stat. § 52-420(b). Under the RUAA, a motion to vacate an arbitration award must be made in in the superior court for the judicial district in which the arbitration hearing was held. If the arbitration hearing was not held in Connecticut, the motion may be made in the court for any judicial district in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in Connecticut, in any judicial district in Connecticut. If a prior motion relating to the arbitration (e.g., a motion to compel arbitration) was heard in a Connecticut state court, the motion to vacate should also be made in that court, unless the court directs otherwise. See Conn. Gen. Stat. § 52-407aaa. Under the former statute, an application to vacate an arbitration award may be filed in the superior court for the judicial district in which one of the parties resides or, if the controversy concerns land, the judicial district in which the land is situated. See Conn. Gen. Stat. § 52-418(a). For filing procedures, see E-filing in State Court (CT) and E-filing Checklist (CT). The RUAA provides that any request for judicial relief under the RUAA "shall be made by motion to the court and heard in the manner provided by law or rule of court for making and hearing motions." Conn. Gen. Stat. § 52-407ee(a). The former statute has a similar provision. See Conn. Gen. Stat. § 52-420(a). Thus, a motion to vacate an arbitration award should be made in writing and comply with the general format requirements for motions and other documents filed in court. See Conn. Practice Book §§ 4-1, 4-2, 11-1(a), (c); see generally Motion Practice: Making and Opposing a Motion (CT); Formatting Rules in Court Checklist (CT). Although not required by the statute or rules, consider serving the motion with a supporting memorandum if the legal or factual argument supporting the motion is lengthy or complex. For a template illustrating the format and structure of a supporting memorandum, see Memorandum of Law (CT). If facts supporting the grounds for the motion are not apparent from the record of the arbitration proceedings (e.g., where an award was allegedly procured by corruption or fraud), it may be necessary to submit affidavits or other evidence in support of the motion. If there is no pending civil action or prior motion under the RUAA relating to the arbitration agreement, the motion must be served on the opposing party in the manner for service of summons in a civil action. Otherwise, the motion may be served in the manner for serving motions in a civil action. See Conn. Gen. Stat. § 52-407ee(b). In the latter situation, a certificate of service should be added to this form. See Conn. Practice Book § 10-14(a). For a template, see Certificate of Service (CT). For discussion of service of summons, see Commencing a Lawsuit: Filing the Complaint and Serving Process (CT). For procedures for serving motions and other papers, see Serving Documents Checklist (CT). For further discussion of grounds and procedures for vacating an arbitration award, see Arbitration Awards: Enforcing and Challenging (CT).