Chapter 16 - § 16.5 • DELIVERY OF THE AWARD

• Jurisdiction: Colorado

§ 16.5 • DELIVERY OF THE AWARD

Under the CRUAA, C.R.S. § 13-22-219 (2016), the arbitrator or arbitration organization must give notice of the award, including a copy of the award, to each party. Notice is defined in § 202 as:

(1) Except as otherwise provided in this part 2, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice.
(2) A person has notice if the person has knowledge of the notice or has received notice.
(3) A person receives notice when it comes to the person's attention or the notice is delivered at the person's place of residence or place of business, or at another location held out . . . as a place of delivery of such communications.

There is no provision for delivery of the award in the FAA. Any form of delivery reasonably likely to succeed probably suffices: personal delivery, regular mail, certified or registered mail, fax, email, or overnight mail. Generally, it is preferable to have proof of delivery or a receipt. Sections 9 (application to confirm) and 12 (motion to vacate, modify, or correct) may provide guidance as to delivery by analogy.

The parties by agreement can override statutory provisions as to time and manner of delivery. Thus, if rules incorporated into the arbitration agreement provide for a specific manner of service, they probably preempt (waive) the statutes, at least if reasonable. For example, see AAA Construction Industry Arbitration Rules R-4, R-5, R-43, R-46, and R-50.

Upon delivery of the award, under the doctrine of functus officio, the arbitrator loses subject matter jurisdiction, except as provided by statute.³³ Generally, upon entering an award, the arbitrator loses jurisdiction...