Summary
The Supreme Court of Connecticut held that the Greater Hartford Association of Realtors’ dismissal of Coldwell Banker’s arbitration request as untimely did not constitute an arbitration award subject to judicial confirmation under General Statutes § 52-417. The court reversed the trial court’s judgment confirming the alleged award and remanded for further proceedings. The court therefore did not reach the plaintiff’s additional arguments concerning the defendant’s status as a party or third-party beneficiary of the arbitration agreement.
Topics
Practice areas
Questions Presented
- Whether the association grievance committee's dismissal of Coldwell Banker's arbitration request as untimely constituted an arbitration award subject to confirmation under General Statutes § 52-417.
- Whether the trial court improperly confirmed the alleged arbitration award based on the grievance committee's untimeliness dismissal.
Holdings
- The grievance committee's dismissal of Coldwell Banker's arbitration request as untimely did not constitute an arbitration award subject to judicial confirmation under General Statutes § 52-417.
Key quotations
“Accordingly, for the reasons set forth in Coldwell Banker Manning Realty, Inc. v. Cushman & Wakefield of Connecticut, Inc., supra, 582, we agree with Coldwell Banker that the grievance committee’s dismissal of its request for arbitration of its claims against CSC did not constitute an arbitration award.” (293 Conn. at 638-39)
“Because the trial court improperly treated it as such, its decision to confirm the alleged award was improper.” (293 Conn. at 639)
Factual background
Coldwell Banker entered into a contract with Computer Sciences Corporation to serve as its exclusive realtor in connection with the lease or exchange of real property known as Riverview Square. After Cushman and Wakefield asserted that it also had an exclusive brokerage agreement with CSC, the parties entered into a new arrangement under which CSC selected Cushman to receive 80 percent of the commission and Coldwell Banker was to receive 20 percent, but Cushman allegedly received approximately $500,000 without sharing it with Coldwell Banker. Coldwell Banker later sought arbitration against CSC, but the Greater Hartford Association of Realtors' grievance committee dismissed the request as untimely under a 180-day filing period.
Procedural history
Coldwell Banker brought claims against Computer Sciences Corporation arising from a real estate brokerage transaction. The trial court stayed the action pending arbitration, and the association's grievance committee dismissed Coldwell Banker's arbitration request as untimely. The trial court treated that dismissal as an arbitration award under General Statutes § 52-417, confirmed it, and did not act on Coldwell Banker's motions to lift the stays. The Supreme Court of Connecticut transferred the appeal from the Appellate Court and reversed.
Remand instructions
The case was remanded for further proceedings according to law.