Chapter 14 - § 14.6 • JUDICIAL INVOLVEMENT IN THE ARBITRATION PROCESS

• Jurisdiction: Colorado

§ 14.6 • JUDICIAL INVOLVEMENT IN THE ARBITRATION PROCESS

As earlier discussed, generally once a case is in arbitration, the courts lose jurisdiction. Existence of an agreement to arbitrate divests a court of jurisdiction over the dispute.⁷³ There are exemptions for interim relief and enforcement of interim orders, enforcement of subpoenas, and the like. However, the essential concept is that the courts defer to the arbitrator's conduct of the hearing, including the decisions and actions as to the order, procedure, and presentation of evidence.⁷⁴ As noted by the U.S. Supreme Court, "once it is determined . . . that the parties are obligated to submit the subject matter of a dispute to arbitration, procedural questions which grow out of that dispute and bear on its final disposition should be left to the arbitrator."⁷⁵

On the other hand, the courts probably can step into the arbitration process where necessary to aid that process and effectuate the intent of the arbitration statutes.

See §§ 9.8, § 10.1, and § 15.12.

§ 14.6.1—Control Over The Parties

The courts may maintain some control of the parties during arbitration, but it probably is very limited. Fortunately, the courts have had few occasions to determine their authority.

Rather, the arbitrator has the power over the parties through the power to enter certain sanctions. See §§ 16.9 and 11.8.1.

§ 14.6.2—Control Over The Arbitrator

The courts maintain some control over the arbitrator during the course of the arbitration. For example, some courts apparently will hear a motion to disqualify an arbitrator See § 11.6. Under the FAA and CRUAA, the court replaces the arbitrator upon his or her refusal to act, resignation, etc. See § 11.1. The district court serves as the first-level appeal of the arbitrator's actions. See Chapter 11.

§ 14.6.3—Control Over Attorneys And Representatives

The courts, and legislature, define qualifications of who may represent parties in arbitration, although the arbitrator may have the initial and/or final determination. See Chapter 10. Similarly, the court may have powers with respect to determination of disqualification and appeal thereof. See §§ 10.7 and 11.8.1.

§ 14.6.4—Control Over Discovery

The courts may have an extensive role in discovery in arbitration. For example, if any motion is filed with the court concerning arbitrability, the court determines whether any discovery will be allowed, and if so, the extent thereof, See § 9.7.5. A court may use its judicial powers for...