In Rodriguez v. A Better Way Wholesale Autos, Inc., 176 Conn.App. 392, 2017 WL 3977264 (Conn. App. April 17, 2017) , the Connecticut Court of Appeal held that adjudicating a dispute between the dealer and the finance company was properly within an Arbitrator’s jurisdiction in a consumer versus dealer arbitration.
Here, A Better Way asserts that the parties’ submission to the arbitrator was restricted. It argues that, in the case of the finance company and A Better Way, there was no submission at all. It further argues that Rodriguez, in her submission, also never requested that the vehicle be ordered returned to A Better Way. We conclude that the parties’ submission was unrestricted and that the title to the vehicle was at play from the onset, with Rodriguez’ request that the purchase be cancelled.. . .Under the plain language of the arbitration agreement, any claim or dispute between Rodriguez and A Better Way (and its assigns) arising out of the purchase or condition of the vehicle, or arising out of the contract or a resulting relationship, was to be settled by binding arbitration, if elected. The parties commenced arbitration pursuant to this agreement, which clearly contains no restrictions on the issues that could be decided by the arbitrator. Therefore, the submission in this case was unrestricted. We next consider whether the portion of the arbitrator’s award, ordering the finance company to return the vehicle to A Better Way, was beyond the unrestricted submission of the parties. “Even in the case of an unrestricted submission, we have … recognized three grounds for vacating an award: (1) the award rules on the constitutionality of a statute … (2) the award violates clear public policy … [and] (3) the award contravenes one or more of the statutory proscriptions of § 52–418…. [Section] 52–418 (a) (4) provides that an arbitration award shall be vacated if the arbitrators have exceeded their powers or so imperfectly executed them that a mutual, final and definite award upon the subject matter submitted was not made. In our construction of § 52–418(a)(4), we have, as a general matter, looked to a comparison of the award with the submission to determine whether the arbitrators have exceeded their powers.” (Internal quotation marks omitted.) Comprehensive Orthopaedics & Musculoskeletal Care, LLC v. Axtmayer, 293 Conn. 748, 754, 980 A.2d 297 (2009). A Better Way asserts that the arbitrator exceeded his power in ordering the finance company to return the vehicle to it because title to the vehicle was never at issue, and, therefore, the award was beyond the scope of the submission. We disagree. After purchasing the vehicle from A Better Way, experiencing many difficulties with it, and leaving the vehicle in the possession of A Better Way, Rodriguez filed a claim for arbitration with the American Arbitration Association, specifically requesting “[r]evocation of acceptance of the vehicle, cancellation of the contract and deletion of trade line reporting.” She named both A Better Way and the finance company in her claim. Thereafter, the finance company filed cross claims against A Better Way for contractual indemnification, indemnification and contribution, unjust enrichment, and two counts of breach of contract, namely, the dealer agreement. The arbitrator found that Rodriguez had sent a letter to A Better Way stating that if it could not fix her vehicle, she wanted to cancel the sale and get her money back. A Better Way threw away that letter, and, after Rodriguez was informed, she mailed another copy to A Better Way. The arbitrator further found that A Better Way had required Rodriguez to purchase a service contract as a condition of her financing without proper disclosure, and that A Better Way previously had required other customers to do the same. The arbitrator found the conduct of A Better Way to be “deceptive and unethical and [in] violat[ion of] CUTPA … [and] TILA.” The arbitrator also found A Better Way to be in breach of the dealer agreement with the finance company. As part of his award, the arbitrator ordered that the finance company “cause [the vehicle] to be returned to [A Better Way].”The unrestricted submission here permitted the arbitrator to decide any claim or dispute between Rodriguez and A Better Way, and its assigns, arising out of the purchase or condition of the vehicle, or arising out of the contract or a resulting relationship. Rodriguez specifically requested on the face of the form that she submitted demanding the arbitration in this case that the contract be cancelled and that the purchase of the vehicle be revoked. We conclude that it would be nonsensical to conclude that the arbitrator had the authority to cancel the contract and to revoke the purchase but that he did not have the authority to decide what happened to the vehicle that was the subject of the purchase and the contract. Certainly, that could not be the case. We agree with the trial court that the title to the vehicle was at issue from the onset of this arbitration and that the arbitrator did not exceed his power by rendering an award that was beyond the scope of the submission.