C.R.S. Section 13-22-207
Motion to compel or stay arbitration


(1)

On the motion of a person showing an agreement to arbitrate and alleging another person’s refusal to arbitrate pursuant to the agreement:

(a)

If the refusing party does not appear or does not oppose the motion, the court shall order the parties to arbitrate; and

(b)

If the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate.

(2)

On the motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is not an agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate.

(3)

If the court finds that there is no enforceable agreement, it may not invoke the provisions of subsection (1) or (2) of this section to order the parties to arbitrate.

(4)

The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or because one or more grounds for the claim have not been established.

(5)

If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion made under this section shall be filed with that court. Otherwise, a motion made under this section may be filed in any court pursuant to section 13-22-227.

(6)

If a party files a motion with the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the ordering court renders a final decision under this section.

(7)

If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim.

Source: Section 13-22-207 — Motion to compel or stay arbitration, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑22‑101
Competence of persons eighteen years of age or older
13‑22‑102
Minors - consent for medical care and treatment for use of drugs or a substance use disorder
13‑22‑103
Minors - consent for medical, dental, and related care
13‑22‑103.5
Minors - consent for medical care - pregnancy
13‑22‑104
Transplants and transfusions generally - declaration of policy - limit on liability of minors
13‑22‑105
Minors - consent - contraception
13‑22‑106
Minors - consent - sexual offense
13‑22‑107
Legislative declaration - definitions - children - waiver by parent of prospective negligence claims
13‑22‑201
Definitions
13‑22‑202
Notice
13‑22‑203
Applicability
13‑22‑204
Effect of agreement to arbitrate - nonwaivable provisions
13‑22‑205
Application for judicial relief
13‑22‑206
Validity of agreement to arbitrate
13‑22‑207
Motion to compel or stay arbitration
13‑22‑208
Provisional remedies
13‑22‑209
Initiation of arbitration
13‑22‑210
Consolidation of separate arbitration proceedings
13‑22‑211
Appointment of arbitrator - service as a neutral arbitrator
13‑22‑212
Disclosure by arbitrator
13‑22‑213
Action by majority
13‑22‑214
Immunity of arbitrator - competency to testify - attorney fees and costs
13‑22‑215
Arbitration process
13‑22‑216
Representation by attorney
13‑22‑217
Witnesses - subpoenas - depositions - discovery
13‑22‑218
Judicial enforcement of pre-award ruling by arbitrator
13‑22‑219
Award
13‑22‑220
Change of award by arbitrator
13‑22‑221
Remedies - fees and expenses of arbitration proceeding
13‑22‑222
Confirmation of award
13‑22‑223
Vacating award
13‑22‑224
Modification or correction of award
13‑22‑225
Judgment on award - attorney fees and litigation expenses
13‑22‑226
Jurisdiction
13‑22‑227
Venue
13‑22‑228
Appeals
13‑22‑229
Uniformity of application and construction
13‑22‑230
Saving clause
13‑22‑301
Short title
13‑22‑302
Definitions
13‑22‑303
Office of dispute resolution - establishment
13‑22‑304
Director - assistants
13‑22‑305
Mediation services
13‑22‑306
Office of dispute resolution programs - mediators
13‑22‑307
Confidentiality
13‑22‑308
Settlement of disputes
13‑22‑310
Dispute resolution fund - creation - source of funds
13‑22‑311
Court referral to mediation - duties of mediator
13‑22‑312
Applicability
13‑22‑313
Judicial referral to ancillary forms of alternative dispute resolution
13‑22‑501
Short title
13‑22‑502
Legislative declaration
13‑22‑503
Definitions
13‑22‑504
Agreement for alternative dispute resolution
13‑22‑505
Applicability
13‑22‑506
Choice of language
13‑22‑507
Immunity
13‑22‑601
Contracts pertaining to marijuana enforceable
13‑22‑701
Short title
13‑22‑702
Legislative declaration
13‑22‑703
Definitions
13‑22‑704
Notification concerning abortion
13‑22‑705
No notice required - when
13‑22‑706
Penalties - damages - defenses
13‑22‑707
Judicial bypass - rules
13‑22‑708
Limitations
Green check means up to date. Up to date

Current through Fall 2024

§ 13-22-207’s source at colorado​.gov