Colorado § 13-22-228 - Appeals.

§ 13-22-228. Appeals.

(1) An appeal may be taken from:

(a) An order denying a motion to compel arbitration;

(b) An order granting a motion to stay arbitration;

(c) An order confirming or denying confirmation of an award;

(d) An order modifying or correcting an award;

(e) An order vacating an award without directing a rehearing; or

(f) A final judgment entered pursuant to this part 2.

(2) An appeal under this section shall be taken in the same manner as an appeal of an order or judgment in a civil action.

Source: L. 2004: Entire part R&RE, p. 1730, § 1, effective August 4.

Editor's note: This section is similar to former § 13-22-221 as it existed prior to 2004.

ANNOTATION

Annotator's note. Since § 13-22-228 is similar to § 13-22-221 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.

When denial of application to compel arbitration not appealable. An appeal may not be taken from an order denying an application to compel arbitration on an employment contract entered into before July 14, 1975. Monatt v. Pioneer Astro Indus., Inc., 42 Colo. App. 265, 592 P.2d 1352 (1979).

Order compelling arbitration not appealable. An order compelling parties to arbitrate, pursuant to § 13-22-204, is not a final appealable order. Frontier Materials, Inc. v. City of Boulder, 663 P.2d 1065 (Colo. App. 1983); Thomas v. Farmers Ins. Exch., 857 P.2d 532 (Colo. App. 1993).

Order compelling arbitration is interlocutory order which is not appealable even if court's order determines the substantive issue of arbitrability. Thomas v. Farmers Ins. Exch., 857 P.2d 532 (Colo. App. 1993).

Order denying a stay of arbitration not appealable. Section expressly authorizes an appeal from an order granting a stay of arbitration, not an order denying such a stay. Therefore, court of appeals lacked jurisdiction to review an order denying a stay of arbitration. Gergel v. High View Homes, L.L.C., 58 P.3d 1132 (Colo. App. 2002).

An order denying a motion to consolidate arbitration proceedings not appealable. The order is not included in the list of pre-award orders that are appealed pursuant to this section, nor is it a final judgment. Tug Hill Marcellus LLC v. BKV Chelsea LLC, 2021 COA 17, 486 P.3d 461.

An order denying a motion to remand a case to an arbitrator for clarification is not appealable. The court of appeals lacks jurisdiction because the order is not the type of appeal allowed under subsection (1). Pool Co. v. MW Golden Constructors, 2024 COA 116, 562 P.3d 923.

Where the district court's denial of Denver's motion to dismiss contractor's claims and Denver's request to stay proceedings pending alternative dispute resolution raised issues of substantial public importance, permissive immediate appeal under this section was appropriate. City & County of Denver v. District Court, 939 P.2d 1353 (Colo. 1997).

Securities brokers acted inconsistently with right to arbitrate by pursuing discovery and confirming intent to go to trial in open court, after they knew that they had legally enforceable arbitration clause. Therefore, brokers waived right to arbitration, where brokers had completed discovery, but customer had not done so. Norden v. E.F. Hutton & Co., Inc., 739 P.2d 914 (Colo. App. 1987).

Defendants' failure to assert right to arbitration contemporaneously with their motions to dismiss was an act deemed to be a waiver of the right to have the dispute resolved by arbitration. Bashor v. Bache Halsey Stuart Shields, 773 P.2d 578 (Colo. App. 1989).

No waiver of right to arbitrate by failing to appeal denial of motion to dismiss where issue reserved in answer, trial data certificate, and motion for a new trial. Mtn. Plains Constructors v. Torrez, 785 P.2d 928 (Colo. 1990).

No waiver of right to arbitrate by litigating claims that arose under a separate agreement that did not contain an arbitration clause. Breaker v. Corrosion Control Corp., 23 P.3d 1278 (Colo. App. 2001).

Appealable order. A denial of a motion to compel arbitration is an appealable order. However, an immediate appeal is permissive and not mandatory. Therefore, an order denying a motion to compel arbitration may also be appealed after final judgment. Mtn. Plains Constructors v. Torrez, 785 P.2d 928 (Colo. 1990).

Appeals court had jurisdiction under this section although the trial court dismissed the action for lack of jurisdiction, finding that the dispute was subject to arbitration, and entered an order awarding attorney fees. Camelot Invs., LLC v. LANDesign, LLC, 973 P.2d 1279 (Colo. App. 1999).

Uniform Arbitration Act authorizes party to arbitration agreement to appeal certain district court orders in the same manner and to the same extent as appeals may be taken from court orders and judgments in other civil actions. Thomas v. Farmers Ins. Exch., 857 P.2d 532 (Colo. App. 1993).

Court of appeals lacks jurisdiction to review an arbitration award; jurisdiction extends only to orders and judgments entered by statutorily specified courts. Thomas v. Farmers Ins. Exch., 857 P.2d 532 (Colo. App. 1993).

An order that vacates an arbitration award and orders a new hearing under subsection (1)(e) is not appealable as an implicit order denying confirmation of the arbitration award under subsection (1)(c). Turoff v. Itachi Capital, Inc., 2022 COA 147, 527 P.3d 436.

Assertion that trial court erred in directing arbitration cannot be raised before an appellate court until there has been an award by the arbitrator on the merits of the controversy and a court order entered confirming the award. Thomas v. Farmers Ins. Exch., 857 P.2d 532 (Colo. App. 1993).

An arbitrator's award is not a "final judgment" reviewable by an appellate court. Upon confirmation of the award by a district court in accordance with § 13-22-213, and absent a timely motion to vacate, modify, or correct the award, there is no appealable issue. So. Wash. Assoc. v. Flanagan, 859 P.2d 217 (Colo. 1992).

While certiorari is unresolved, arbitration proceeding is not final for issue preclusion purposes. Certiorari can be resolved in any of three ways: (1) The parties fail to file a timely petition for certiorari; (2) the court denies the petition for certiorari; or (3) the court issues an opinion after granting certiorari. Barnett v. Elite Props. of Am., 252 P.3d 14 (Colo. App. 2010).

The determination of the existence of a valid agreement to arbitrate does not trigger a right to appeal under the Act. Gergel v. High View Homes, L.L.C., 58 P.3d 1132 (Colo. App. 2002).

An interlocutory appeal under subsection (1)(a) of this section may only be taken from the denial of a motion that seeks to compel arbitration based on "an agreement to arbitrate" as described in § 13-22-207 (1). Vulcan Power Co. v. Munson, 252 P.3d 511 (Colo. App. 2011).

General assembly's authority to determine the jurisdiction of the court of appeals is exclusive. So. Wash. Assoc. v. Flanagan, 859 P.2d 217 (Colo. 1992).

This section is not the exclusive source of appellate jurisdiction over arbitration-related interlocutory appeals. Triple Crown v. Vill. Homes of Colo., 2013 COA 144, 389 P.3d 888.

Parties to an arbitration agreement cannot define and prescribe the powers of a court of law. Where a contract term purported to allow an appellate court to conduct a substantive review of the arbitration panel's award, contrary to the controlling statutes, clause was void and unenforceable. So. Wash. Assoc. v. Flanagan, 859 P.2d 217 (Colo. 1992).