Chapter 4 - § 4.10 • APPLICABLE LAW IN JUDICIAL PROCEEDINGS CONCERNING THE ARBITRATION

• Jurisdiction: Colorado

§ 4.10 • APPLICABLE LAW IN JUDICIAL PROCEEDINGS CONCERNING THE ARBITRATION

The foregoing discussion has covered whether state or federal law governs in "arbitration proceedings," including judicial proceedings concerning an arbitration. However, multiple circumstances may exist that affect the general rules. These "proceedings" could be of any trial court issues, including motions to compel or stay arbitration, appointment of the arbitrator, enforcement of subpoenas, confirmation or vacation of the award, etc. See Chapters 13, 14, 17, and 18. This section will attempt to briefly summarize these circumstances.

§ 4.10.1—State District Court Proceedings — CRUAA Applies

If it is determined that the CRUAA is applicable (by agreement of the parties, or by reason of the FAA not being applicable, §§ 4.2.1 and 4.2.2), Colorado district court proceedings are governed by the CRUAA, and any other applicable state laws. The Colorado Rules of Civil Procedure are applicable to the extent not inconsistent with the CRUAA.

§ 4.10.2—State District Court Proceedings — FAA Applies

When arbitration proceedings are in state court, but the FAA is applicable, the FAA governs in part, the CRUAA may govern in part, and other state law and rules may govern in part. Thus, when applicable, the FAA preempts state law, but only state law that is inconsistent or hostile to the policy and purposes of the FAA. See § 4.3.9. As a broad generality, most state "procedural" law such as the rules of civil procedure and procedural provisions of the CRUAA are not preempted, and therefore are applied even when the FAA is applicable. See §§ 4.3, 4.6-4.8, and 3.7.1.

§ 4.10.3—State Appellate Court Proceedings — CRUAA Applies

The same analysis applies here as to district court proceedings. Appellate jurisdiction of state courts would be under the CRUAA and any other applicable state statutes and rules, including the Colorado Rules of Appellate Procedure, to the extent not inconsistent. So too, appeals and appellate review would be under Colorado law.

§ 4.10.4—State Appellate Court Proceedings — FAA Applies

While the FAA and CRUAA provisions as to appeals of district court judgments, orders, etc. are similar, issues may arise as to which statute concerning "appealability" governs. So too, other provisions of state and federal law as to interlocutory appeals. Again, even when the FAA is applicable, it preempts state law only to the extent inconsistent or hostile to the policies and objectives of the FAA...