Chapter 5 - § 5.9 • DEATH OF A PARTY: SURVIVAL UPON TERMINATION OF CONTRACT

• Jurisdiction: Colorado

§ 5.9 • DEATH OF A PARTY: SURVIVAL UPON TERMINATION OF CONTRACT

A dispute arises under an expired or previous contract "if it involves rights that to some degree vested or accrued during the life of the contract and merely ripened after expiration, or relates to events that occurred at least in part while the contract was still in effect."¹²³ While an arbitration provision in a contract is presumed to survive the expiration of that contract, the presumption can be overcome by evidence of such contrary intent.¹²⁴ Generally, a savings clause is not necessary for an arbitration provision to survive the termination of the contract.¹²⁵ However, this can depend on the specific wording.

• Annot., Death of a Party to Arbitration Agreement Before Award as Revocation or Termination of Submission, 63 A.L.R.2d 754.
• Annot., Enforcement of Contractual Arbitration Clause as Affected by Expiration of Contract Prior to Demand for Arbitration, 5 A.L.R.3d 1008.

--------

Notes:

^[123] Newmont U.S.A. Ltd. v. Ins. Co. of N. Am., 615 F.3d 1268, 1275 (10th Cir. 2010).

^[124] Id.

^[125] Cleveland Constr., Inc. v. Levco Constr., Inc., 359 S.W.3d 843 (Tex. App...