HB 5258 — AN ACT ADOPTING THE REVISED UNIFORM ARBITRATION ACT.

General Assembly   RaisedSubstitute Bill No.

5258 February Session, 2018   LCO*_____HB05258JUD___040318____* No.AN ACT ADOPTING THE REVISED UNIFORM ARBITRATION ACT.

1553   *01553_______JUD* Referred to Committee on JUDICIARY   Introduced by:

  (JUD)   AN ACT ADOPTING THE REVISED UNIFORM ARBITRATION ACT.

(6) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form.

(NEW) (Effective October 1, 2018) (a) Sections 1 to 31, inclusive, of this act govern an agreement to arbitrate made on or after October 1, 2018, except that any proceeding that is governed by chapter 48, 68, 113, 166 or 743b of the general statutes, or any other provision of the general statutes, related to an agreement to arbitrate that was made prior to, on or after October 1, 2018, shall be subject to chapter 909 of the general statutes, unless:

(1) (A) All the parties to the proceeding agree in a record to be governed by sections 1 to 31, inclusive, of this act, and (B) the agreement under subparagraph (A) of this subdivision is permitted by a law of this state other than sections 1 to 31, inclusive, of this act;

or (2) The proceeding is governed by sections 1 to 31, inclusive, of this act pursuant to a law of this state other than sections 1 to 31, inclusive, of this act.

or (4) Waive the right under section 16 of this act of a party to an agreement to arbitrate to be represented by a lawyer at any proceeding or hearing under sections 1 to 31, inclusive, of this act, butprovided an employer and a labor organization may waive the right to representation by a lawyer in a labor arbitration.

(c) A party to an agreement to arbitrate or arbitration proceeding may not waive, or the parties may not vary the effect of, the requirements of this section or subsection (a) of section 33, of this act, section 7, 14 or 18 of this act, subsection (d) or (e) of section 20 of this act, or sectionsections 22, 23, 24, 25, 29, 30,30 and 31 of this act or section 37-3a of the general statutes, as amended by this act.

(NEW) (Effective October 1, 2018) (a) An agreement contained in a record to submit to arbitration any existing or subsequent controversy arising between the parties to the agreement is valid, enforceable and irrevocableirrevocable, except upon a ground that exists at law or in equity for the revocation of a contract.

(c) If the court finds that there is no enforceable agreement, it may not pursuant to subsection (a) or (b) of this section order the parties to arbitrate.arbitrate under this section.

Otherwise, a motion under this section may be made in any court asspecified provided in section 27 of this act.

If the parties have not agreed on a method, the agreed method fails or an arbitrator appointed arbitrator fails or is unable to act and a successor has not been appointed, the court, on motion of a party to the arbitration proceeding, shall appoint the arbitrator.

(d) If the arbitrator did not disclose a fact as required by subsection (a) or (b) of this section, upon timely objection by a party, the courtcourt, under subdivision (2) of subsection (a) of section 23 of this actact, may vacate an award.

(b) In order to make the proceedings fair, expeditious and cost effective, upon request of a party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness to be taken for use as evidence at the hearing, including a witness who cannot be subpoenaed for or who is unable to attend a hearing.

(d) If an arbitrator permits discovery under subsection (c) of this section, the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator's discovery-related orders, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a discovery proceeding,proceeding and take action against a noncomplying party to the extent a court could if the controversy were the subject of a civil action in this state.

(a) Except as provided in sections 37-3b, 37-3c and 52-192a, interest at the rate of ten per cent a year, and no more, may be recovered and allowed in civil actions or arbitration proceedings under chapter 909 or sections 1 to 31, inclusiveinclusive, of this act, including actions to recover money loaned at a greater rate, as damages for the detention of money after it becomes payable.

32 October 1, 2018 37-3a StatementJUD ofJoint Purpose:Favorable Subst.

To respond to the increased use of arbitration in resolving disputes and revise and modernize arbitration procedures by adopting the Revised Uniform Arbitration Act.

[Proposed deletions are enclosed in brackets.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]