Chapter 19 - § 19.8 • JURISDICTION OF TRIAL COURT DURING THE ARBITRATION AND PENDENCY OF APPEAL

• Jurisdiction: Colorado

§ 19.8 • JURISDICTION OF TRIAL COURT DURING THE ARBITRATION AND PENDENCY OF APPEAL

The Colorado Constitution, Article VI, § 1 vests judicial power in the supreme court, designated lower courts, and courts established by the legislature. Appellate jurisdiction is provided in § 2. Section 3 provides for original and remedial writs. The district courts have statewide jurisdiction.⁵⁶ C.R.S. § 13-4-102 defines the subject matter jurisdiction of the court of appeals. The state arbitration acts supplement that definition of subject matter jurisdiction for the district and appellate court.

When the trial court stays the civil action pending the arbitration, it need not stay the arbitration pending an appeal.⁵⁷

§ 19.8.1—Division Of Jurisdiction Between The Arbitrator And Trial Court

Existence of an agreement to arbitrate divests a court of jurisdiction over the dispute.⁵⁸ Very generally speaking, once an arbitration is commenced, the arbitrator has sole jurisdiction and authority over the resolution of the dispute — until the award is issued. However, case law and the arbitration statutes define many exceptions to that general rule, including:

• Motions to compel or stay arbitration;
• Motions for appointment of an arbitrator;
• Motions for interim relief;
• Motions to enforce subpoenas; and
• Appeals of interim relief.

A California Court, applying California statutes, referred to the limited jurisdiction of a court during the course of an arbitration as "vestigial" jurisdiction.⁵⁹ However, a few courts take a more expanded view of their role during arbitration — as supervisors of the arbitration process.⁶⁰

See §§ 13.5, 9.4, 14.6, 15.12, and 19.1.

§ 19.8.2—Division Of Jurisdiction Between The Federal District Court And Court Of Appeals Pending Appeal

After the district court has denied a motion to compel arbitration, and the movant has appealed that decision pursuant to FAA § 16(a), which court has jurisdiction of the case?

When a non-frivolous § 16(a) appeal is taken, the district court is automatically and immediately divested of jurisdiction. However, "the district court may frustrate any litigant's attempt to exploit the categorical divestiture rule by taking the affirmative step, after hearing, of certifying the § 16(a) appeal as frivolous or forfeited." . . . Because [movant] appealed the district court's denial of its motion to compel arbitration under § 16(a), and [the] appeal is not frivolous, we find that the appeal divested the district court of

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