Sec. 52-411. Appointment of arbitrator or umpire.
Sec. 52-411. Appointment of arbitrator or umpire. (a) If, in a written agreement
to arbitrate, a method of appointing an arbitrator or arbitrators or an umpire has been
provided, the method shall be followed.
(b) If no method is provided therein, or if a method is provided and any party thereto
fails to use the method, or if for any other reason there is a failure in the naming of an
arbitrator or arbitrators or an umpire, or if any arbitrator or umpire dies or is unable or
refuses to serve, upon application by a party to the arbitration agreement, 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 appoint an arbitrator or arbitrators or an umpire,
as the case may require. A person so appointed an arbitrator or umpire shall act under
any arbitration agreement with the same force and effect as if he had been specifically
named or referred to therein. Unless otherwise provided in the agreement, the arbitration
shall be by a single arbitrator.
(c) An application under this section and the proceedings thereon shall conform to
the application and proceedings provided for in section 52-410, except that such changes
shall be made in the complaint as may be necessary to correctly and concisely state the
plaintiff's claim.
(1949 Rev., S. 8154; P.A. 78-280, S. 2, 127; P.A. 82-160, S. 151.)
History: P.A. 78-280 substituted "judicial district" for "county"; P.A. 82-160 rephrased the section and inserted Subsec.
indicators.
Cited. 140 C. 446. If arbitrators are enjoined from acting, the resulting inability to serve would warrant the appointment
of new arbitrators. 144 C. 303. Cited. 163 C. 327. Statute provides a remedy for an insured aggrieved by the unreasonable
refusal of an insurer to proceed with an appraisal procedure. 177 C. 273. Cited. 191 C. 316. Cited. 205 C. 424. Cited. 208
C. 352.
Cited. 3 CA 590. Cited. 28 CA 270. Cited. 33 CA 152. Cited. 38 CA 555.
Cited. 15 CS 118. Cited. 22 CS 453.