Connecticut’s New Arbitrator Bar Membership Requirement: What Employers Need to Know

If your company uses arbitration to resolve employment disputes in Connecticut (and many do), a new law signed by Governor Lamont on June 4, 2026, may have just changed who can serve as your arbitrator.

Public Act 26-92 (Substitute Senate Bill No. 475), “An Act Concerning Judicial Branch Operations,” is a sweeping judicial administration bill. But buried in Sections 24 and 25 is a provision with real consequences for employer arbitration programs: beginning July 1, 2026, arbitrators in proceedings conducted in Connecticut must generally be members in good standing of the Connecticut bar. This deadline is less than a month away, so employers must act now.

What the Law Says

Sections 24 and 25 of the Act amend Conn. Gen. Stat. §§ 52-407kk and 52-411, respectively, both effective July 1, 2026. Here is the core rule: when your arbitration agreement includes a method for selecting an arbitrator for a proceeding to be conducted in Connecticut, no person may be appointed or serve as the arbitrator unless, at the time of appointment and throughout the duration of the proceeding, that person is a member in good standing of the Connecticut bar. 

This applies whenever the arbitration agreement specifies a selection method. This condition is met by virtually all employer-drafted arbitration agreements that designate a provider such as JAMS or AAA, or that establish a party-selection process. In other words, if you have a standard employment arbitration clause, this new requirement almost certainly applies to you.

Can You Waive It?

Yes—but only if all parties to the agreement execute a written waiver of the bar membership qualification. A unilateral waiver or oral agreement will not suffice. This means that even if your company is comfortable with a non-Connecticut-barred arbitrator, you will still need the employee’s written consent.

Three Critical Deadlines You Need to Know

The statute creates tight objection windows. Miss them, and you may be stuck with the outcome:

• 14 days after appointment: Under Section 24 (amending § 52-407kk), a party has fourteen days after the date of appointment to object on the grounds that the arbitrator fails to meet the Connecticut bar requirement.
• 14 days after written notice of loss of good standing: Under Section 25 (amending § 52-411), a party has fourteen days after receiving actual written notice that the arbitrator is no longer in good standing to object to the arbitrator’s continued role. 
• Pending arbitrations where no evidentiary hearing has begun: For any arbitration proceeding pending in Connecticut on July 1, 2026, in which an evidentiary hearing has not yet commenced, any party may file a written objection to the continued service of the arbitrator. 

The bottom line: these deadlines are short, likely non-extendable, and failure to object in time could waive the issue entirely.

Why This Matters for Your Arbitration Program

If your company uses a national arbitration provider, such as JAMS or AAA, many arbitrators on these rosters are admitted in New York, Massachusetts, or other jurisdictions but are not members of the Connecticut bar. Under the new law, unless all parties execute a written waiver, such arbitrators cannot serve in proceedings conducted in Connecticut, even if the provider’s rules would otherwise permit their appointment. 

This could narrow the pool of available arbitrators, create delays if an appointed arbitrator turns out to be ineligible, and, if the 14-day objection deadline is missed, potentially create grounds to challenge an award after the fact.

What Employers Should Do Now

Here are four steps to get ahead of the July 1^st effective date:

1. Audit your arbitration agreements. Review your template employment agreements (including offer letters, separation agreements, employee handbooks, and standalone arbitration policies) that require arbitration in Connecticut. If you want flexibility to use a non-Connecticut-barred arbitrator, add a clear written waiver mechanism that complies with the statute. 
2. Build a 14-day compliance checkpoint. For every new arbitrator appointment, your team should immediately verify the arbitrator’s Connecticut bar status and calendar the 14-day objection window. Treat it like a statute of limitations: once it passes, you may have waived the issue.
3. Flag pending matters now. If you have arbitrations already pending in Connecticut where the evidentiary hearing has not begun, assess whether an objection to the current arbitrator is warranted before July 1 arrives and hearings commence. 
4. Coordinate with your arbitration provider. If you have a master arbitration agreement or preferred provider relationship, confirm with that provider that arbitrators assigned to your Connecticut proceedings will meet the new bar membership requirement going forward.

The Bottom Line

This is not a “wait and see” situation. The effective date of July 1, 2026 is imminent, the 14-day objection windows are unforgiving, and relying on an ineligible arbitrator could jeopardize the enforceability of an award. The good news is that the fix is straightforward: audit your agreements, verify your arbitrators, and put systems in place now.