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Under Connecticut state law, motions to vacate, modify, or correct an arbitration award must be filed within thirty days of notice of the award, and beyond this time, the court lacks subject matter jurisdiction to take any action except to confirm the award, says a Connecticut Superior Court.
In CACV of Colorado, LLC v. Christian, No. CV054003701S, 2007 WL 317368, (Conn. Super. Ct. Oct. 12, 2007), CACV and Christian resolved their dispute through arbitration. Notice of the award in favor of CACV was mailed on December 28, 2004.
CACV applied for confirmation of an arbitration award on October 20, 2005. On December 21, 2005, the court confirmed the award and entered judgment against Christian.
On April 13, 2006, Christian filed a motion to open and set aside the judgment of default. The Court granted this motion and CACV moved for confirmation of the arbitration award.
Colorado state statute mandates that if a respondent fails to move to vacate, modify, or correct an arbitration award within thirty days of notice of the award, the court lacks subject matter jurisdiction to take any action except to confirm the award.
The Court noted that Christian failed to file any motion within thirty days of notice of the award mailed to him on December 28, 2004. In fact, Christian was silent until he filed the motion to set aside the default judgment nearly sixteen months later.
The Court determined that CACV’s application for confirmation was proper. Under Colorado law, application for confirmation may be filed within one year after an award is rendered. Thus, the Court confirmed the arbitration award and entered judgment in favor of CACV.
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