Summary
The Connecticut Supreme Court considered whether an arbitrator exceeded his authority by declining to award attorney's fees after reforming an employment restrictive covenant and awarding reduced liquidated damages. The court held that the arbitration submission authorized the arbitrator to determine whether Comprehensive prevailed and that the decision not to award fees conformed to the submission. The judgment confirming the arbitration award was affirmed.
Holdings
- The arbitrator did not exceed his authority because the award conformed to the unrestricted submission. The submission authorized attorney's fees only if Comprehensive prevailed and necessarily vested the arbitrator with authority to determine whether Comprehensive prevailed.
- The court could not review whether the arbitrator correctly determined that Comprehensive did not prevail. Under an unrestricted submission, an award must be enforced so long as the arbitrator was even arguably construing or applying the contract and acted within the scope of authority.
Questions Presented
- Whether the arbitrator exceeded his authority under General Statutes § 52-418(a)(4) by declining to award attorney's fees after finding a restrictive-covenant violation, reforming the covenant, and awarding reduced liquidated damages.
- Whether judicial review of the arbitrator's determination that Comprehensive did not 'prevail' required review of the arbitrator's factual or legal interpretation of the parties' agreement.
Disposition
affirmed
Cases Cited (33)
- Harty v. Cantor Fitzgerald & Co., 275 Conn. 72, 881 A.2d 139 (2005)(followed and distinguished)
- Bic Pen Corp. v. Local No. 134, 183 Conn. 579, 440 A.2d 774 (1981)(followed)
- Industrial Risk Insurers v. Hartford Steam Boiler Inspection & Ins. Co., 258 Conn. 101, 779 A.2d 737 (2001)(followed)
- Industrial Risk Insurers v. Hartford Steam Boiler Inspection & Ins. Co., 273 Conn. 86, 868 A.2d 47 (2005)(followed)
- Bridgeport v. Bridgeport Police Local 1159, 183 Conn. 102, 438 A.2d 1171 (1981)(followed)
- United Paperworkers International Union, AFL-CIO v. Misco, Inc., 484 U.S. 29, 38 (1987)(followed)
- Office of Labor Relations v. New England Health Care Employees Union, District 1199, AFL-CIO, 288 Conn. 223, 951 A.2d 1249 (2008)(followed by analogy)
- Board of Education v. AFSCME, 195 Conn. 266, 487 A.2d 553 (1985)(followed by analogy)
- Waterbury Construction Co. v. Board of Education, 189 Conn. 560, 457 A.2d 310 (1983)(followed by analogy)
- Local 63, Textile Workers Union v. Cheney Bros., 141 Conn. 606, 109 A.2d 240 (1954)(followed by analogy)
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