Title 50a — Title 50a: International Law

Sec. 50a-113. Challenge procedure. (1) The parties are free to agree on a procedure for challenging an arbitrator, subject to the provisions of subsection (3) of this section. (2) Failing such agreement, a party who intends to challenge an arbitrator shall, within fifteen days af…

Sec. 50a-114. Inability or failure to act. (1) If an arbitrator becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay, his mandate terminates if he withdraws from his office or if the parties agree on the termination. Ot…

Sec. 50a-115. Appointment of substitute arbitrator. Where the mandate of an arbitrator terminates under section 50a-113 or 50a-114 or because of his withdrawal from office for any other reason or because of the revocation of his mandate by agreement of the parties or in any other…

Sec. 50a-116. Competence of arbitral tribunal to rule on its jurisdiction. (1) The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause which fo…

Sec. 50a-117. Power of arbitral tribunal to order interim measures. Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect …

Sec. 50a-118. Equal treatment of parties. The parties shall be treated with equality and each party shall be given a full opportunity of presenting his case. (P.A. 89-179, S. 18.)

Sec. 50a-119. Determination of rules of procedure. (1) Subject to the provisions of this chapter, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings. (2) Failing such agreement, the arbitral tribunal may, subject t…

Sec. 50a-120. Place of arbitration. (1) The parties are free to agree on the place of arbitration. Failing such agreement, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the partie…

Sec. 50a-121. Commencement of arbitral proceedings. Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent. (P.A. 89-1…

Sec. 50a-122. Language used in arbitral proceedings. (1) The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. This …

Sec. 50a-123. Statements of claim and defense. (1) Within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state …

Sec. 50a-124. Hearings and written proceedings. (1) Subject to any contrary agreement by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis…

Sec. 50a-125. Default of a party. Unless otherwise agreed by the parties, if, without showing sufficient cause: (a) The claimant fails to communicate his statement of claim in accordance with subsection (1) of section 50a-123, the arbitral tribunal shall terminate the proceedings…

Sec. 50a-126. Expert appointed by arbitral tribunal. (1) Unless otherwise agreed by the parties, the arbitral tribunal: (a) May appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal; (b) May require a party to give the expert rel…

Sec. 50a-127. Court assistance in taking evidence. The arbitral tribunal or a party with the approval of the arbitral tribunal may request from a competent court of this state assistance in taking evidence. The court may execute the request within its competence and according to …

Sec. 50a-128. Rules applicable to substance of dispute. (1) The arbitral tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of the given coun…

Sec. 50a-129. Decision-making by panel of arbitrators. In arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its members. However, questions of procedure may be deci…

Sec. 50a-130. Settlement. (1) If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceeding and, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral awar…

Sec. 50a-131. Form and contents of award. (1) The award shall be made in writing and shall be signed by the arbitrator or arbitrators. In arbitral proceedings with more than one arbitrator, the signatures of the majority of all members of the arbitral tribunal shall suffice, prov…

Sec. 50a-132. Termination of proceedings. (1) The arbitral proceedings are terminated by the final award or by an order of the arbitral tribunal in accordance with subsection (2) of this section. (2) The arbitral tribunal shall issue an order for the termination of the arbitral p…

Sec. 50a-133. Correction and interpretation of award. Additional award. (1) Within thirty days of receipt of the award, unless another period of time has been agreed upon by the parties: (a) A party, with notice to the other party, may request the arbitral tribunal to correct in …

Sec. 50a-134. Application for setting aside as exclusive recourse against arbitral award. (1) Recourse to a court against an arbitral award may be made only by an application for setting aside in accordance with subsections (2) and (3) of this section. (2) An arbitral award may b…

Sec. 50a-135. Recognition and enforcement of award. (1) An arbitral award, irrespective of the country in which it was made, shall be recognized as binding and, upon application in writing to the competent court, shall be enforced subject to the provisions of this section and of …

Sec. 50a-136. Grounds for refusing recognition or enforcement of award. (1) Recognition or enforcement of an arbitral award, irrespective of the country in which it was made, may be refused only: (a) At the request of the party against whom it is invoked, if that party furnishes …

Secs. 50a-137 to 50a-139. Reserved for future use.

Sec. 50a-140. Enforcement of interim and international awards. (a) For the purposes of this section: (1) “International award” means any final award issued by: (A) An arbitral tribunal of the Permanent Court of Arbitration; or (B) an arbitral tribunal of the International Center …

Secs. 50a-141 to 50a-199. Reserved for future use.

Sec. 50a-200. Short title: Conflict of Jurisdictions Model Law. Sections 50a-201 to 50a-203, inclusive, may be cited as the “Conflict of Jurisdictions Model Law”. (P.A. 91-324, S. 10.)

Sec. 50a-201. Discretion to enforce judgments. (a) In cases where two or more proceedings arising out of the same transaction or occurrence were pending, the courts of this state shall enforce in accordance with the provisions of chapter 861 the judgments of any of such courts on…

Sec. 50a-202. Factors considered in selection of adjudicating forum. A determination of the adjudicating forum shall be made in consideration of the following factors: (1) The interests of justice among the parties and of world-wide justice; (2) The public policies of the countri…

Sec. 50a-203. Evidence. (a) The court may consider any evidence admissible in the adjudicating forum or other court of competent jurisdiction, including but not limited to: (1) Affidavits or declarations; (2) Treaties to which the state of either forum is a party; (3) Principles …