Chapter 12 - § 12.3 • STATUTES AND RULES GOVERNING INITIATION|COMMENCEMENT OF ARBITRATION

• Jurisdiction: Colorado

§ 12.3 • STATUTES AND RULES GOVERNING INITIATION/COMMENCEMENT OF ARBITRATION

Usually, the parties can agree on most arbitration procedures (e.g., rules of procedure) and frequently agree to simply incorporate arbitration rules. In the absence of such rules, the statutes govern, as supplemented by the arbitrator. The commencement of the arbitration is by filing or serving a demand for arbitration.

CRUAA

The Colorado Revised Uniform Arbitration Act (CRUAA), C.R.S. § 13-22-209 (2016), provides:

(1) A person may initiate an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of an agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized by law for the commencement of a civil action. The notice shall describe the nature of the controversy and the remedy sought.

Thus, under the CRUAA, the arbitration is initiated by "giving notice in a record" to the other parties to the agreement to arbitrate. The "notice" given probably is the same as a "demand." "Record" is defined in C.R.S. § 13-22-201(6) (2016) as "information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form." Thus, e-mail...