Chapter 13 - § 13.1 • INTRODUCTION

• Jurisdiction: Colorado

§ 13.1 • INTRODUCTION

Once the parties are ready to proceed with the arbitration, or are ordered by a court to proceed with the arbitration, upon appointment, the arbitrator takes control of the process and has jurisdiction over the dispute to be arbitrated. Once the court's role in determining arbitrability issues has been fulfilled, the court is not likely to intervene in the actual arbitration process until the award is rendered. However, there are exceptions.

The agreement to arbitrate (including incorporated rules) may define the venue and some or all of the pre-hearing and hearing procedures, while applicable statutes define some procedures. Absent such agreement or provisions by statute, the arbitrator has inherent powers to determine most of the pre-hearing procedures and disputes.

The arbitrator's inherent powers as to procedures may be subject to certain due process limitations. Similarly, unconscionable provisions in the agreement itself may lead a court to void the entire arbitration provision, or sever portions thereof.

§ 13.1.1—Arbitration Process Under The FAA

For the most part, the FAA does not define the arbitration process, or the powers and duties of the arbitrator during the arbitration process. Exceptions include, e.g., issuance of subpoenas. However, many customs have developed guide the process.

§ 13.1.2—Arbitration Process Under The CRUAA

C.R.S. § 13-22-215, "Arbitration process," provides:

(1) An arbitrator may conduct an arbitration in a manner that the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator by this part 2 shall include, but not be limited to, the power to hold conferences with the parties to the arbitration proceeding before the hearing and the power to determine the admissibility, relevance, materiality, and weight of any evidence.
(2) An arbitrator may decide a request for summary disposition of a claim or particular issue:

(a) If all interested parties agree; or
(b) Upon request of one or more parties to the arbitration proceeding if that party gives notice to all other parties to the proceeding, and the other parties have a reasonable opportunity to respond.

(3) If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than five days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party's appearance at the hearing shall waive the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing from time to time as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced even if a party who was duly notified of the arbitration proceeding does not appear. The court, on motion, may direct the arbitrator to conduct the hearing promptly and render a timely decision.
(4) At a hearing under subsection (3) of this section, a party to the arbitration

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