§ 13-22-207 — Motion to compel or stay arbitration

Colorado § 13-22-207

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Age of Competence - Arbitration

Text

(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.

Legislative History

Source: L. 2004: Entire part R&RE, p. 1720, � 1, effective August 4.