Chapter 13 - § 13.8 • THE DILATORY ARBITRATOR

• Jurisdiction: Colorado

§ 13.8 • THE DILATORY ARBITRATOR

Everyone who has ever been involved in adjudicatory procedures has had contact with the dilatory decision-maker — the decision-maker who just will not proceed with the process or make a decision. This has been true of some judges and, regrettably, once in a very great while, arbitrators.

While there is no perfect solution to the dilemma, the statutes, rules, and agreements provide some avenues for relief.

First, the CRUAA, C.R.S. § 13-22-215(3) (2016), provides: "The court, on motion, may direct the arbitrator to conduct the hearing promptly and render a timely decision."

When filing a motion to compel arbitration, one might consider requesting the court to set dates by which the hearing must be held and the award issued.

Second, the CRUAA...