Colorado § 13-22-215 - Arbitration process.

§ 13-22-215. Arbitration process.

(1) An arbitrator may conduct an arbitration in a manner that the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator by this part 2 shall include, but not be limited to, the power to hold conferences with the parties to the arbitration proceeding before the hearing and the power to determine the admissibility, relevance, materiality, and weight of any evidence.

(2) An arbitrator may decide a request for summary disposition of a claim or particular issue:

(a) If all interested parties agree; or

(b) Upon request of one or more parties to the arbitration proceeding if that party gives notice to all other parties to the proceeding and the other parties have a reasonable opportunity to respond.

(3) If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than five days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party's appearance at the hearing shall waive the objection. Upon the request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing from time to time as necessary but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced even if a party who was duly notified of the arbitration proceeding does not appear. The court, on motion, may direct the arbitrator to conduct the hearing promptly and render a timely decision.

(4) At a hearing under subsection (3) of this section, a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.

(5) If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator shall be appointed in accordance with section 13-22-211 to continue the proceeding and to resolve the controversy.

Source: L. 2004: Entire part R&RE, p. 1724, § 1, effective August 4.

Editor's note: This section is similar to former § 13-22-207 as it existed prior to 2004.

ANNOTATION

Annotator's note. Since § 13-22-215 is similar to § 13-22-207 as it existed prior to the 2004 repeal and reenactment of this part 2, relevant cases construing that provision have been included in the annotations to this section.

Generally, arbitrators are not bound by either substantive or procedural rules of law, except as required under the terms of the arbitration agreement. Cabus v. Dairyland Ins. Co., 656 P.2d 54 (Colo. App. 1982).

No absolute right to a hearing under this section if the arbitration agreement does not require a hearing. Section 10203 (a) of the National Association of Securities Dealers, Inc., code of arbitration procedure does not require an arbitrator to hold a hearing. Therefore, it was within the discretion of the arbitrator whether to hold a hearing. Carson v. PaineWebber, Inc., 62 P.3d 996 (Colo. App. 2002).

Taking of oath not required. The taking of an oath prior to commencing deliberations is not required by the hearing procedures set forth in this section. In re Salter v. Farner, 653 P.2d 413 (Colo. App. 1982).