DocketNumber: No. 0100335
Citation Numbers: 1991 Conn. Super. Ct. 6247
Judges: McWEENY, J. CT Page 6248
Filed Date: 7/19/1991
Status: Non-Precedential
Modified Date: 7/5/2016
The arbitration process also involved a non-judicial appeal of the arbiter's decision to a different hearing officer.
The contract which created the agreement to arbitrate also limits the basis of appeal to "gross misconduct, material miscalculation or arbitrary and capricious conduct of the hearing officer."
The second hearing officer found a material miscalculation in the first hearing officer's decision, and "corrected" it by amending the amount of payment from plaintiff to defendant.
The plaintiff filed this application on January 14, 1991 seeking to conform, correct and/or vacate the arbitration award entered by the second hearing officer on January 7, 1991.
The respondent-defendants assert that the court has no jurisdiction to review the second decision, because the parties' agreement waives any such statutory right.
The court finds that paragraph 7 of the agreement has no such limitation. Its description of limited grounds for appeal closely parallels Connecticut General Statutes
In determining that Connecticut General Statutes
The submission to the initial arbitration was unrestricted, and the award was in conformity to the submission. Diamond Fertilizer Chemical Corporation v. Commodities Trading International Corp.,
The second hearing officer analyzed the original memorandum of decision and calculated and more than doubled the award from CT Page 6249 $4,873 to $10,849 on the basis of a perceived material miscalculation.
The second arbitrator reviewing the award of the initial arbitrator, pursuant to the agreement, is entitled to the same deference that arbitrators have historically enjoyed. Morganti, Inc. v. Bachrager Ingelheim Pharmaceuticals, Inc., 20 CA 67, 74 (1989). This is so even if the court would have reached a different conclusion if determining the matter de novo. The parties can agree to submit factual and legal issues to the arbitrator and are bound by such submission. Waterbury Bd. of Ed. v. WTA,
The arbitration award is confirmed. The court exercises its discretion and awards no attorney's fees, interest or costs.
McWEENY, J.