Chapter 4 - § 4.6 • CONTRACTUAL AGREEMENTS AS TO APPLICABLE ARBITRATION LAW AS SUPERSEDING STATE OR FEDERAL ARBITRATION LAW OR FORUM'S RULES

• Jurisdiction: Colorado

§ 4.6 • CONTRACTUAL AGREEMENTS AS TO APPLICABLE ARBITRATION LAW AS SUPERSEDING STATE OR FEDERAL ARBITRATION LAW OR FORUM'S RULES

The preceding sections have discussed how, when applicable, federal law preempts state law. However, many provisions of the state and federal statutes apply only to the extent the parties have not otherwise agreed. Hence, in essence, the agreement of the parties can preempt much of the state or federal statutes.

The priority between the parties' agreement and the provisions of the rules incorporated therein, in general, is as follows:

• If the agreement and the rules are silent as to priority, the agreement probably governs.
• If the agreement states it governs over the rules (arbitration in accordance with the AAA rules, except as provided in the agreement), the express provisions of the agreement probably govern, notwithstanding any provisions in the incorporated

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