Chapter 14 - § 14.1 • INTRODUCTION

• Jurisdiction: Colorado

§ 14.1 • INTRODUCTION

The general rule is that once a controversy is submitted to arbitration, it remains before the arbitrator until the parties agree to withdraw it or the award is entered.¹ The courts no longer have jurisdiction over the dispute. See Chapter 19.

In civil actions, a party may need and seek interim (provisional) relief pending a final decision. This need also exists in arbitration. Usually, interim relief is in the form of an injunction, prohibiting a party from doing certain things or requiring a party to do specific things — to preserve the status quo pending a final decision on the claims. Interim awards are also sometimes entered when liability (and multiple claims therein) and damages are bifurcated, or certain steps must be taken before a final award can be entered.

In addition, in the course of the arbitration, the arbitrator may issue procedural orders requiring one or both parties to do specific acts or refrain from certain acts. Upon non-compliance by a party, the arbitrator is confronted with the issue of entering...