Arbitration is a private dispute resolution procedure that is intended to be more efficient and less expensive than a traditional court trial.  In arbitration, a private individual or panel of private individuals act as both judge and jury and decide the outcome of a matter in controversy.  Because arbitration is a private process, parties can only be forced to arbitrate issues that they agree to arbitrate.  The arbitrability of any particular issue is based upon the parties’ agreement.  Of course, once a contractual relationship breaks down, the parties may disagree over the arbitrability of their dispute.

In construction contracts, arbitration clauses tend to be sufficiently broad that, in general, it is difficult to successfully challenge the arbitrability of any dispute arising out of or pertaining to the subject agreement and/or project.  In Girolametti v. Rizzo Corp., 152 Conn.App. 60 (Conn.App.,2014), the Connecticut Appellate Court elaborated on the procedure for preserving the issue of arbitrability for judicial review and the severable nature of arbitration clauses.

In Girolametti, the plaintiff sought to vacate the arbitration award that had entered in the defendant’s favor.  The court first questioned whether the plaintiff had properly preserved the arbitrability issue for judicial determination and noted that,