Sec. 50a-136. Grounds for refusing recognition or enforcement of award.
Sec. 50a-136. Grounds for refusing recognition or enforcement of award. (1)
Recognition or enforcement of an arbitral award, irrespective of the country in which
it was made, may be refused only:
(a) At the request of the party against whom it is invoked, if that party furnishes to
the competent court where recognition or enforcement is sought proof that:
(i) A party to the arbitration agreement referred to in section 50a-107 was under
some incapacity; or the said agreement is not valid under the law to which the parties
have subjected it or, failing any indication thereon, under the law of the country where
the award was made; or
(ii) The party against whom the award is invoked was not given proper notice of
the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable
to present his case; or
(iii) The award deals with a dispute not contemplated by or not falling within the
terms of the submission to arbitration, or it contains decisions on matters beyond the
scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award
which contains decisions on matters submitted to arbitration may be recognized and
enforced; or
(iv) The composition of the arbitral tribunal or the arbitral procedure was not in
accordance with the agreement of the parties or, failing such agreement, was not in
accordance with the law of the country where the arbitration took place; or
(v) The award has not yet become binding on the parties or has been set aside or
suspended by a court of the country in which, or under the law of which, that award
was made; or
(b) If the court finds that:
(i) The subject matter of the dispute is not capable of settlement by arbitration under
the law of this state; or
(ii) The recognition or enforcement of the award would be contrary to the public
policy of this state.
(2) If an application for setting aside or suspension of an award has been made to
a court referred to in subparagraph (v) of subdivision (a) of subsection (1) of this section,
the court where recognition or enforcement is sought may, if it considers it proper,
adjourn its decision and may also, on the application of the party claiming recognition
or enforcement of the award, order the other party to provide appropriate security.
(P.A. 89-179, S. 36.)