Connecticut Adds Local Attorney Qualification Requirement for Arbitrators

Connecticut has adopted a new arbitrator-qualification requirement that may affect arbitration provisions, arbitrator selection, and pending proceedings seated in Connecticut. Under provisions included in Sections 24 and 25 of the Court Operations Bill, SB 475, an arbitrator selected under an arbitration agreement for a proceeding in Connecticut must be admitted to practice law in Connecticut and remain in good standing throughout the proceeding, unless the parties waive that requirement in writing. The bill was signed into law by Governor Lamont on June 4, 2026, and is now Public Act 26‑92.

Key Takeaways

Clients involved in arbitration proceedings in Connecticut should be aware of the following changes:

• Connecticut admission and good standing required. When an arbitration agreement specifies how an arbitrator will be selected for a Connecticut proceeding, the arbitrator must be an attorney admitted to practice in Connecticut and in good standing. The requirement applies not only at the time of appointment, but throughout the arbitration.
• Written waiver is permitted. Parties may waive the Connecticut attorney-admission requirement, but the waiver must be in writing. This may be important where the parties prefer a particular out-of-state arbitrator, such as a retired judge or subject-matter specialist who is not admitted in Connecticut.
• Objections must be made quickly. A party that believes an appointed arbitrator does not satisfy the new requirement must object within 14 days after the appointment. If an arbitrator loses good standing during the proceeding, a party must object within 14 days after receiving written notice. Missing these deadlines may limit a party’s ability to challenge the arbitrator’s continued service.
• Pending arbitrations are addressed. For arbitrations already underway as of July 1, 2026, a party may file a written objection to an arbitrator’s continued service if an evidentiary hearing has not yet begun. The Connecticut Superior Court has authority to resolve disputes over an arbitrator’s appointment.

What Has Changed

The new law changes the practical landscape for arbitrations in Connecticut by tying arbitrator eligibility to Connecticut bar admission and continuing good standing. This may affect standard arbitration clauses that refer disputes to providers such as JAMS, AAA, or similar forums if the clause or provider process could result in selection of an arbitrator who is not admitted in Connecticut. It also creates short objection windows that parties and counsel must monitor carefully once an arbitrator is appointed or once notice is received that an arbitrator’s status has changed.

Practical Implications

Parties with pending Connecticut arbitrations should promptly review the arbitrator’s qualifications and determine whether any objection must be raised within the applicable 14-day period. Where an arbitration is already underway as of July 1, 2026, clients should also evaluate whether an objection to continued service is available before an evidentiary hearing begins.

Parties entering new contracts should review arbitration provisions to confirm that the arbitrator-selection process accounts for the Connecticut admission and good-standing requirement. If the parties want flexibility to appoint an out-of-state arbitrator, the contract should include clear written waiver language.

For clients involved in real estate or environmental disputes, the law may be relevant to arbitration clauses in remediation agreements, cost-sharing agreements, purchase and sale agreements, consent-order-related settlement agreements, insurance arrangements, and other contracts that may require Connecticut arbitration. In general litigation matters, the law should be considered when evaluating forum-selection provisions, challenging or defending an arbitrator appointment, and advising clients on strategic options in pending proceedings.

Recommended Next Steps

Clients should consider taking the following steps:

• Review pending arbitrations to confirm whether the appointed arbitrator is admitted to practice in Connecticut and remains in good standing.
• Calendar objection deadlines immediately after an arbitrator is appointed or after receiving written notice that an arbitrator may no longer be in good standing.
• Update contract templates that include JAMS, AAA, or other arbitral forum-selection clauses to address Connecticut arbitrator qualifications.
• Consider waiver language where the parties may want to preserve the ability to select a non-Connecticut arbitrator.
• Assess pending matters as of July 1, 2026 to determine whether a written objection to continued service is available before any evidentiary hearing begins.

Questions

This change may affect both existing disputes and future contract drafting for matters involving Connecticut arbitration. Clients with questions about pending arbitration proceedings, contract arbitration clauses, or the selection of arbitrators in Connecticut should contact counsel to discuss how the new law may apply to their specific circumstances.