C.R.S. Section 13-22-223
Vacating award

(1)

Upon motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if the court finds that:

(a)

The award was procured by corruption, fraud, or other undue means;

(b)

There was:

(I)

Evident partiality by an arbitrator appointed as a neutral arbitrator;

(II)

Corruption by an arbitrator; or

(III)

Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;

(c)

An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to section 13-22-215, so as to prejudice substantially the rights of a party to the arbitration proceeding;

(d)

An arbitrator exceeded the arbitrator’s powers;

(e)

There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under section 13-22-215 (3) not later than the beginning of the arbitration hearing; or

(f)

The arbitration was conducted without proper notice of the initiation of an arbitration as required in section 13-22-209 so as to substantially prejudice the rights of a party to the arbitration proceeding.

(1.5)

Notwithstanding the provisions of subsection (1) of this section, the fact that the relief was such that it could not or would not be granted by a court of law or equity is not grounds for vacating or refusing to confirm the award.

(2)

A motion made under this section shall be filed within ninety-one days after the movant receives notice of the award pursuant to section 13-22-219 or within ninety-one days after the movant receives notice of a modified or corrected award pursuant to section 13-22-220, unless the movant alleges that the award was procured by corruption, fraud, or other undue means, in which case the motion must be made within ninety-one days after either the ground is known or by the exercise of reasonable care should have been known by the movant.

(3)

If the court vacates an award on a ground other than that set forth in paragraph (e) of subsection (1) of this section, it may order a rehearing. If the award is vacated on a ground stated in paragraph (a) or (b) of subsection (1) of this section, the rehearing shall be held before a new arbitrator. If the award is vacated on a ground stated in paragraph (c), (d), or (f) of subsection (1) of this section, the rehearing may be held before the arbitrator who made the award or the arbitrator’s successor. The arbitrator must render the decision in the rehearing within the same time as that provided in section 13-22-219 (2) for an award.

(4)

If the court denies a motion to vacate an award, it shall confirm the award unless a motion to modify or correct the award is pending.

Source: Section 13-22-223 — Vacating award, 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

§ 13-22-223’s source at colorado​.gov