Chapter 19 - § 19.5 • IN PERSONAM JURISDICTION OF THE COLORADO STATE DISTRICT COURTS OVER PARTIES TO AN ARBITRATION PROCEEDING

• Jurisdiction: Colorado

§ 19.5 • IN PERSONAM JURISDICTION OF THE COLORADO STATE DISTRICT COURTS OVER PARTIES TO AN ARBITRATION PROCEEDING

Generally speaking, only one tribunal has "jurisdiction" over a proceeding at any given time. Historically, this division of authority, with many exceptions, has been developed as between the trial courts and appellate courts.

In order for the court to adjudicate a controversy with respect to arbitration, the court must not only have jurisdiction over the subject matter, but also jurisdiction over the parties to that dispute —valid service of process upon the defendant.

Of course, Colorado courts have jurisdiction over citizens of Colorado, wherever they might be, and probably any persons served in Colorado. In addition, the Colorado long-arm statute, C.R.S. § 13-1-124(1)(g) provides:

(1) Engaging in any act enumerated in this section by any person, whether or not a resident of the State of Colorado, either in person or by an agent, submits such person . . . to the jurisdiction of the courts of this state concerning any cause of action arising from:

. . .
(g) The entering into of an agreement pursuant to part 2 or part 5 of article 22 of this title.

Part 2 of article 22 is the CRUAA. Part 5 is the Colorado International Dispute Resolution Act. Thus, if the arbitration agreement was "entered into" in Colorado, the Colorado district courts have jurisdiction over the parties wherever they may be. However, one can envision a scenario that might not fulfill minimum contacts required by due process.

Suppose the arbitration agreement was not entered into in Colorado. The parties may still be subject to the jurisdiction of the Colorado courts under other provisions of the long-arm statute, such as the transaction of business in Colorado.

Comment: A litigator in commencing a civil action must analyze whether, given where he or she proposes to file the action, the court will have in personam (personal) jurisdiction over the defendant(s), if served. For example, if the suit is to be filed in a Colorado state court, the court has personal jurisdiction over a defendant only if:

1) The defendant is served in Colorado;
2) The defendant is a resident of Colorado;
3) The defendant committed acts within the scope of the Colorado long-arm statute;
4) The defendant consents to being subject to the jurisdiction of the Colorado court; or
5) The defendant accepts jurisdiction.

Thus, if the civil action is filed in a Colorado state court, the defendant is served...