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A state court in Connecticut held that an arbitrator's determination that a dispute is not arbitrable constitutes a final award permitting judicial confirmation.
In City of Stamford v. Stamford Police Association, Inc., No. FSTCV064008788S, 2006 WL 3908533 (Conn. Super. Ct. Dec. 27, 2006), the Stamford Police Association (Police) demanded arbitration, alleging that the City of Stamford (City) violated a collective bargaining agreement.
After the arbitrator determined that the grievance was not arbitrable, the City filed an application to confirm the arbitration award. The Police objected, citing a series of cases holding that decisions on arbitrability were not final awards on the merits that could be confirmed by a court.
Agreeing with the City, the Court held that the arbitrator's decision could be confirmed as a final award. The cases cited by the Police were distinguishable because the arbitrators in those disputes found that the grievances were arbitrable. Here, the arbitrator's determination that the Association's grievance could not be arbitrated relieved him from making any further determinations. Therefore, the arbitral award was final and confirmation was appropriate.
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