Connecticut - Chapter 3 - Interim Measures in the United States in Aid of Arbitration

HOUSTON PUTNAM LOWRY is a member of Ford & Paulekas, LLP in Hartford, Connecticut and practices in the areas of complex commercial litigation, including arbitration (including enforcement and vacatur of arbitral awards), mediation, creditor bankruptcy matters (including related litigation), foreclosures, contract disputes, unfair trade practices matters, uniform domain name dispute resolution procedures (UDRP), computer crime matters, tax matters, international matters and enforcement of foreign judgments (domestic and international). Mr. Lowry has chaired the Connecticut Bar Association’s Section of Alternative Dispute Resolution. He is a Fellow of the Chartered Institute of Arbitrators, a Chartered Arbitrator and a Liveryman of the Worshipful Company of Arbitrators (London). He represented the American Bar Association’s Section of International Law during the drafting of the Restatement of U.S. Law of Commercial and Investor-State Arbitration. He has acted as a neutral in more than 700 reported UDRP cases.

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Originally from Interim Measures in the United States in Aid of Arbitration

PREVIEW

RELIEF PROVIDED BY COURTS

1. Are courts in your state authorized to issue orders of attachment, injunctions or other provisional orders with respect to arbitration proceedings?

(a) If so, please describe the nature of any such provisional relief that is available.

(b) If so, please indicate whether this may be done before or after an arbitration is commenced.

While it only applies to arbitration agreements executed before October 1, 2018, Connecticut General Statutes § 52-422 remains in effect and provides: “At any time before an award is rendered pursuant to an arbitration under this chapter, 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 said court is not in session, any judge thereof, upon application of any party to the arbitration, may make forthwith such order or decree, issue such process and direct such proceedings as may be necessary to protect the rights of the parties pending the rendering of the award and to secure the satisfaction thereof when rendered and confirmed.”

For domestic arbitrations governed by the Revised Uniform Arbitration Act (basically where the arbitration agreement was executed on or after October 1, 2018 or where the parties have agreed to be governed by the RUAA), Connecticut General Statutes § 52-407hh(a) provides “Before an arbitrator is appointed and is authorized and able to act, the court, upon motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent and under the same conditions as if the controversy were the subject of a civil action.”

Connecticut General Statutes § 52-407hh(b) provides:

After an arbitrator is appointed and is authorized and able to act:

(1) The arbitrator may issue such orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the same extent and under the same conditions as if the controversy were the subject of a civil action; and

(2) A party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy. [emphasis added]