Chapter 6 - § 6.14 • ARBITRATION OF TORT CLAIMS

• Jurisdiction: Colorado

§ 6.14 • ARBITRATION OF TORT CLAIMS

Generally, a broadly worded arbitration clause includes tort claims.¹⁴³ Thus, a clause providing that all disputes between the parties concerning the provisions of a contract shall be submitted to arbitration includes not only breach of contract claims but also tort claims concerning the contract.¹⁴⁴ The Colorado Supreme Court explained that "'[t]he factual allegations which form the basis of the claim asserted, rather than the legal cause of action' pleaded, determines 'whether a particular dispute falls within the reach of the [arbitration] clause.'"¹⁴⁵

--------

Notes:

^[143] Ingold v. AIMCO/Bluffs, L.L.C. Apartments, 159 P.3d 116, 122 (Colo. 2007).

^[144] Id.

^[145] Id. (quoting City & County of Denver v. Dist. Court in & for City & County of Denver, 939 P.2d 1353, 1364 (Colo. 1997)).