Sec. 52-408. Agreements to arbitrate.
Sec. 52-408. Agreements to arbitrate. An agreement in any written contract, or
in a separate writing executed by the parties to any written contract, to settle by arbitration
any controversy thereafter arising out of such contract, or out of the failure or refusal
to perform the whole or any part thereof, or a written provision in the articles of association or bylaws of an association or corporation of which both parties are members to
arbitrate any controversy which may arise between them in the future, or an agreement
in writing between two or more persons to submit to arbitration any controversy existing
between them at the time of the agreement to submit, or an agreement in writing between
the parties to a marriage to submit to arbitration any controversy between them with
respect to the dissolution of their marriage, except issues related to child support, visitation and custody, shall be valid, irrevocable and enforceable, except when there exists
sufficient cause at law or in equity for the avoidance of written contracts generally.
(1949 Rev., S. 8151; P.A. 05-258, S. 2.)
History: P.A. 05-258 added provisions re agreement to arbitrate in dissolution of marriage.
Cited. 138 C. 63. Agreement can be declared void for fraud, misrepresentation, duress or undue influence. 140 C. 446.
Cited. 142 C. 4. If arbitrators are enjoined from acting, the resulting inability to serve would warrant the appointment of
new arbitrators. 144 C. 303. Cited. 147 C. 139. Legislative history reveals nothing which would indicate an intent to give
the word "controversy" a narrower meaning than its normal connotation. 152 C. 595. Dispute over value of stock, where
arbitrators would have to determine not only the value of each share, but also the method to be used in determining that
value, is a bona fide dispute and well within the meaning of this section. Id., 595, 596. Where an insurance policy provided
for arbitration only of claims arising from accidents with uninsured motorists, question as to whether motorist was uninsured
was not a matter for arbitration. 155 C. 270. Cited. 163 C. 327. 171 C. 493. In absence of fraud or partiality court would
not intervene in arbitration proceedings. 175 C. 475. Appraisal clause in a fire insurance policy constitutes agreement to
arbitrate. 177 C. 273. Cited. 191 C. 316. Cited. 206 C. 113. Cited. 208 C. 352. Cited. 223 C. 761. Cited. 229 C. 465. Section
expresses clear public policy in favor of arbitrating disputes. 271 C. 65. Public policy does not require arbitrator to give
collateral estoppel effect to prior arbitration awards. 278 C. 578. If a contract is challenged as illegal, but its arbitration
provisions are not specifically challenged, the challenge should be considered by an arbitrator, not a court. 282 C. 54.
Cited. 28 CA 270. Cited. 30 CA 580. Cited. 38 CA 555. Cited. 39 CA 122; Id., 444. Cited. 45 CA 466. Agreement to
arbitrate must be expressed in a writing. 62 CA 83. Section evinces a public policy favoring arbitration as a vehicle for
dispute resolution. It is well established that for an agreement to arbitrate to be enforceable, it must be in writing. 81 CA 755.
Provision in contract which provides for settlement of questions by mutual agreement, or by arbitration to be conclusive
on parties, is valid and enforceable unless it can be avoided by equity. 8 CS 321. Cited. 15 CS 120. Does not involve the
conduct of arbitration, as such. 20 CS 95. Cited. Id., 188. Cited. 21 CS 134; Id., 488. An agreement for an appraisal, the
decision of which is not conclusive as to the ultimate rights of the parties, is not a submission to arbitration. 22 CS 449.
Cited. 29 CS 26.