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2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 22 - Age of Competence - Arbitration - Mediation
Part 2 - Uniform Arbitration Act
§ 13-22-211. Appointment of Arbitrator - Service as a Neutral Arbitrator
Universal Citation: CO Code § 13-22-211 (2021)
- If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, the method shall be followed unless the method fails. If the parties have not agreed on a method, or the agreed method fails, or an appointed arbitrator fails to act or is unable to act and a successor has not been appointed, the court, on the motion of a party to the arbitration proceeding, shall appoint the arbitrator. An arbitrator appointed pursuant to this subsection (1) shall have all the powers of an arbitrator designated in an agreement to arbitrate or appointed pursuant to an agreed method.
- An individual who has a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party may not serve as an arbitrator if the agreement requires the arbitrator to be neutral.
History. Source: L. 2004: Entire part R&RE, p. 1722, § 1, effective August 4.
Editor's note:
This section is similar to former § 13-22-205 as it existed prior to 2004.
ANNOTATIONStandards for a neutral arbitrator. Because the parties' stipulation did not specify whether appraisers were to be treated as arbitrators, and if so, whether they were to be held to the statutory standard for impartial arbitrators, this section and § 13-22-212 regarding disclosures to be made by impartial arbitrators did not apply. Owners Ins. Co. v. Dakota Station II, 2017 COA 103 , 444 P.3d 784, aff'd in part and rev'd in part on other grounds, 2019 CO 65, 443 P.3d 47.
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