§ 13-22-223 — Vacating award

Colorado § 13-22-223

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

Text

(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.

Legislative History

Source: L. 2004: Entire part R&RE, p. 1728, � 1, effective August 4. L. 2005: (1.5) added, p. 764, � 21, effective June 1. L. 2012: (2) amended, (SB 12-175), ch. 208, p. 824, � 7, effective July 1.