Conn. Gen. Stat. § 52-419

Current with legislation from the 2023 Regular and Special Sessions.

Section 52-419 - Modification or correction of award

(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.

Conn. Gen. Stat. § 52-419

(1949 Rev., S. 8162; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 158.)

Does not empower court to make a correction which affects the merits of the controversy. 136 Conn. 205. Cited. 141 C. 606; 146 C. 17. Addition by court of "no" as answer to submitted question, where award was denied, was allowed. 151 C. 650. Cited. 160 Conn. 411; 163 Conn. 327; 167 Conn. 315; 176 Conn. 401; 178 Conn. 557; 179 C. 678; 183 Conn. 579; 189 C. 560; 190 Conn. 14; Id., 707; 196 Conn. 623; 197 Conn. 26; 200 C. 376; 206 Conn. 113; 208 Conn. 352; 209 Conn. 280; 212 Conn. 83; 216 Conn. 612; 217 C. 110; 218 Conn. 646; 224 Conn. 758; 234 Conn. 123; 239 Conn. 32. Cited. 2 CA 346; 4 Conn.App. 577; 16 CA 711; 17 Conn.App. 280; 29 Conn.App. 484; 30 Conn.App. 157; 33 CA 1; 34 Conn.App. 27; 35 Conn.App. 338; Id., 638; 39 Conn.App. 122; 44 Conn.App. 415; 45 CA 769. Cited. 15 Conn.Supp. 120; 16 Conn.Supp. 137; 18 CS 237; 20 CS 97; 29 Conn.Supp. 25; 42 Conn.Supp. 336; 45 Conn.Supp. 130. Subsec. (a): Does not apply to voluntary arbitration where there has been no evident material miscalculation of figures or evident material mistake in description of any thing or property referred to in the award. 93 CA 704. Subdiv. (1): No modification of award is warranted where claimed miscalculation, due to failure of arbitrators to make award payable over a period of time, is not evident from the face of the award. 52 Conn.Supp. 295. Subsec. (c): Although it is true that statute authorizes correction of an award by Superior Court, correction is made only on the timely application of a party to the arbitration. 149 Conn. 687.