Judicial Proceedings

V.S.A. tit. 12, ch. 192, subch. 3

in effect

12 V.S.A. § 5671 Jurisdiction

5671. Jurisdiction The making of an agreement to arbitrate which is subject to this chapter confers jurisdiction on the Superior Court for proceedings under this chapter. Except where the context requires a broader reading, the term “court” as used in this chapter means the Superior Court. In relation to any such agreement to arbitrate, the court may enter any one or more orders: (1) to compel a person to proceed with arbitration; (2) to stay arbitration; (3) to appoint arbitrators; (4) to enforce a subpoena issued by arbitrators; (5) to direct arbitrators to proceed with hearings or to make an award; (6) to confirm an award of arbitrators; (7) to vacate an award; (8) to modify an award or to submit to arbitrators to consider modifying an award; and (9) to enter judgment on the award. Added 1985, No. 95, § 2.

12 V.S.A. § 5672 Venue

5672. Venue (a) An initial application to the Superior Court may be made: (1) in any county in which the agreement provides that arbitration hearings shall be held; or (2) if a hearing has been held by arbitrators, in the county in which it was held; or (3) in other cases, in the county where the party adverse to the moving party resides or has a place of business or, if he or she has neither in Vermont, in Washington County. (b) All subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs. Added 1985, No. 95, § 2.

12 V.S.A. § 5673 Applications to court; service

5673. Applications to court; service (a) Except as otherwise provided, an application to the Superior Court under this chapter shall be by motion and shall be heard in the manner and upon the notice provided by law or rule for the making and hearing of motions. (b) Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in a civil action. Added 1985, No. 95, § 2.

12 V.S.A. § 5674 Proceedings to compel or stay arbitration

5674. Proceedings to compel or stay arbitration (a) On application of a party showing an agreement subject to this chapter and the opposing party’s refusal to arbitrate, the court shall order the parties to proceed with arbitration. If the opposing party denies the existence of the agreement, the court shall determine the issue summarily. If the court finds for the moving party, it shall order the parties to proceed with arbitration. Otherwise, the application shall be denied. (b) On application to compel or stay arbitration, and on a showing that there is no agreement to arbitrate, the court may stay a commenced or threatened arbitration proceeding. When in substantial and bona fide dispute, the issue of whether there is an agreement to arbitrate shall be forthwith and summarily tried. The court shall order the stay if it finds no enforceable agreement to arbitrate. Otherwise, the court shall order the parties to proceed to arbitration. (c) When the existence or validity of an agreement to arbitrate or a party’s refusal to arbitrate is in substantial and bona fide dispute, the court shall proceed summarily to the determination of the issue. (d) Notwithstanding section 5672 of this title relating to venue, if an issue referable to arbitration under an alleged agreement is involved in an action or proceeding pending in a Superior Court, applications to compel or to stay arbitration shall be made only to that court. (e) Any action or civil proceeding involving an issue which is subject to arbitration shall be stayed if an order to compel arbitration or an application therefor has been made. If the issue is severable, the stay may be with respect only to that issue. When application to compel arbitration is made to a court other than the one in which the action or proceeding is pending, any order to compel arbitration shall include that stay. (f) An order to compel arbitration shall not be refused on the ground that the claim in issue lacks merits or bona fides nor because the applicant has failed to show fault or grounds for the claim sought to be arbitrated. Added 1985, No. 95, § 2.

12 V.S.A. § 5675 Appointment of arbitrators

5675. Appointment of arbitrators (a) On application of a party, a court shall appoint one or more arbitrators if: (1) the arbitration agreement does not provide for a method of appointment; or (2) the agreed method fails or for any reason cannot be followed; or (3) an appointed arbitrator fails or is unable to act and his or her successor has not been duly appointed. (b) If the arbitration agreement provides a method of appointment of arbitrators, that method shall be followed. (c) An arbitrator appointed by the court has all of the powers of an arbitrator appointed under an agreement. Added 1985, No. 95, § 2.

12 V.S.A. § 5676 Confirmation of an award

5676. Confirmation of an award Upon application of a party to confirm, modify, or vacate an award, the court shall confirm the award unless it finds grounds for vacating or modifying the award. Added 1985, No. 95, § 2.

12 V.S.A. § 5677 Vacating an award

5677. Vacating an award (a) Upon application of a party to confirm, modify, or vacate an award, the court shall vacate an award where: (1) the award was procured by corruption, fraud, or other undue means; (2) there was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party; (3) the arbitrators exceeded their powers; (4) the arbitrators refused to postpone the hearing after being shown sufficient cause to do so, or refused to hear evidence material to the controversy, or otherwise conducted the hearing, contrary to this chapter so as to prejudice substantially the rights of a party; or (5) a court has found that there was no arbitration agreement and the party did not participate in the arbitration hearing without raising the objection. (b) The fact that relief granted by the arbitrators could not have been granted by a court is not reason to vacate or refuse to confirm the award. (c) An application to vacate an award shall be made within 30 days after delivery of a copy of the award to the applicant, except that if predicated upon corruption, fraud, or other undue means, it may be made within 30 days after such grounds are known or should have been known. (d) If the court vacates the award on grounds other than that there was no arbitration agreement, it may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence of such a provision, as appointed by the court. If the court vacates the award because the arbitrators exceeded their powers or improperly conducted the hearing, the court may order a rehearing before the arbitrators who made the award or their successors. Any time within which the agreement requires an award to be made applies to the rehearing, and commences from the date of the order. (e) If an application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award. Added 1985, No. 95, § 2.

12 V.S.A. § 5678 Modification of award

5678. Modification of award (a) Upon application of a party to confirm, modify, or vacate an award, and made within 30 days after delivery of a copy of an award to the applicant, the court may submit the award to the arbitrators for modification or may consider modification under this section. (b) If the court considers modification, it shall modify the award where it finds: (1) there was an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in the award; (2) the arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or (3) the award is imperfect in a matter of form, not affecting the merits of the controversy. (c) If modification is granted, the court shall modify the award so as to effect its intent and shall confirm the award as so modified and corrected. (d) An application to modify an award shall be made within 30 days after delivery of a copy of the award to the applicant. It may be joined in the alternative with an application to vacate the award. Added 1985, No. 95, § 2.

12 V.S.A. § 5679 Judgment or decree on award

5679. Judgment or decree on award Upon the granting of an order confirming or modifying an award, judgment shall be entered in conformity therewith and be enforced as any other judgment. Costs of the application, of the proceedings subsequent thereto, and of disbursements may be awarded by the court. Added 1985, No. 95, § 2.

12 V.S.A. § 5680 Judgment roll; docketing

5680. Judgment roll; docketing (a) On entry of judgment, the clerk shall prepare the judgment roll consisting, to the extent filed, of the following: (1) the agreement and each written extension of the time within which to make the award; (2) the award; (3) a copy of the order confirming, modifying, or correcting the award; and (4) a copy of the judgment or decree. (b) The judgment or decree may be docketed as if rendered in an action. Added 1985, No. 95, § 2.

12 V.S.A. § 5681 Appeals

5681. Appeals (a) An appeal may be taken from: (1) an order denying an application to compel arbitration; (2) an order granting an application to stay arbitration; (3) an order confirming or denying confirmation of an award; (4) an order modifying or correcting an award; (5) an order vacating an award without directing a rehearing; or (6) a judgment. (b) The appeal shall be taken in the manner and to the same extent as from orders or judgment in a civil action. Added 1985, No. 95, § 2.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/12/192Fetched: 10/21/2026