Chapter 19 - § 19.2 • SUBJECT MATTER JURISDICTION OF THE COLORADO STATE COURTS OVER ARBITRATION ISSUES

• Jurisdiction: Colorado

§ 19.2 • SUBJECT MATTER JURISDICTION OF THE COLORADO STATE COURTS OVER ARBITRATION ISSUES

Subject matter jurisdiction deals with a specific court's "power" over arbitration issues. Venue — where the action must be brought — is also covered in this chapter. The discussion is limited to federal courts and the Colorado district and appellate courts, although in some circumstances the county courts could entertain the same types of motions.

See Benson, "Application of the Federal Arbitration Act in State Court Proceedings," 43 Colo. Law. 33 (Dec. 2014).

§ 19.2.1—Jurisdiction Of The Colorado State District (Trial) Courts

Jurisdiction allocated to the Colorado courts is pursuant to the Colorado Constitution and is a matter for the General Assembly to define.¹ The Colorado Revised Uniform Arbitration Act (CRUAA) defines the subject matter jurisdiction of the state trial courts over arbitration disputes. C.R.S. § 13-22-201 (2016) provides: "(3) 'Court' means a court of competent jurisdiction of this state." C.R.S. § 13-22-226 provides:

(1) A court having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate.
(2) An agreement to arbitrate providing for arbitration in this state confers jurisdiction on the courts to enter judgment on an award under this part 2.

See references to "court" in C.R.S. §§ 13-22-205, -207 through -208, -210 through -211, -214, -217 through -219, and -222 through -228.

Thus, an "arbitration agreement" described in § 13-22-206 inherently provides for the courts to enforce the arbitration agreement and to enter judgment on the award under the Act. This is a grant of subject matter jurisdiction to the trial courts (general jurisdiction) of Colorado. However, the statute probably is not needed because Colorado county courts and district courts are courts of general subject matter jurisdiction.² In some instances, the Denver Probate Court may be a court of proper jurisdiction, e.g., an arbitration agreement in a will. In any event, the jurisdiction defined in C.R.S. § 13-22-207 ("to enforce the agreement") probably is broad enough to provide subject matter jurisdiction over all disputes concerning arbitration.

Thus, when the arbitration agreement specifies that the arbitration will be held in Colorado, under the CRUAA, that provision may also define where a civil action to confirm, vacate, correct, etc., the award must be brought.³

In Artrip v. Samons Construction, Inc.,⁴ a suit brought in a Kentucky court was...