Chapter 5 - § 5.1 • INTRODUCTION

• Jurisdiction: Colorado

§ 5.1 • INTRODUCTION

"Arbitration" as discussed in this book is a consensual process. Therefore, what the parties agreed to is the primary definition of the arbitration. Arbitration agreements deal with two types of disputes: an agreement to arbitrate future disputes that may arise between the parties (usually with respect to a specified subject or transaction) or an agreement to arbitrate a specific existing dispute. Typically, the former "agreement" is simply part of a contract with respect to a transaction or relationship between the parties. The latter is a contract defining the dispute resolution process for one or more disputes that have arisen.

Yet, every dispute resolution process that is labeled "arbitration" by the parties may not be "arbitration" for purposes of being governed by the federal or state arbitration...