Colorado § 13-22-219 - Award.

§ 13-22-219. Award.

(1) An arbitrator shall make a record of an award. The record shall be signed or otherwise authenticated by an arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.

(2) An award must be made within the time specified by the agreement to arbitrate or, if not specified therein, within the time ordered by the court. The court may extend the time or the parties to the arbitration proceeding may agree in a record to extend the time. The court or the parties may do so within or after the time specified or ordered. A party shall be deemed to have waived any objection that an award was not timely made unless the party gives notice of the objection to the arbitrator before receiving notice of the award.

Source: L. 2004: Entire part R&RE, p. 1727, § 1, effective August 4.

Editor's note: This section is similar to former § 13-22-210 as it existed prior to 2004.

ANNOTATION

Annotator's note. Since § 13-22-219 is similar to § 13-22-210 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.

Arbitrator is the final judge of both fact and law. Judd Constr. Co. v. Evans Joint Venture, 642 P.2d 922 (Colo. 1982).

Arbitration award is tantamount to a judgment. Judd Constr. Co. v. Evans Joint Venture, 642 P.2d 922 (Colo. 1982); Container Tech. v. J. Gadsden Pty., 781 P.2d 119 (Colo. App. 1989); McNaughton & Rodgers v. Besser, 932 P.2d 819 (Colo. App. 1996).

Specific findings of fact not required. An arbitration award does not need to contain specific findings of fact if there is no statute or contractual provision in the arbitration agreement which requires such findings. Ash Apts. v. Martinez, 656 P.2d 708 (Colo. App. 1982).

Contractual provisions that give arbitrators authority to resolve disputes concerning the time period in which an award must be made are enforceable. Sopko v. Clear Channel Satellite Servs., Inc., 151 P.3d 663 (Colo. App. 2006).

Time requirements for issuance of an arbitration award are directory, not mandatory or jurisdictional. In the absence of language in an arbitration agreement indicating that "time is of the essence" or that an award issued outside the pertinent time period in an arbitration agreement is void, the party seeking to preclude an award issued outside the time period must make a timely objection and demonstrate prejudice. Sopko v. Clear Channel Satellite Servs., Inc., 151 P.3d 663 (Colo. App. 2006).