Red Carpet v. Golden West

5 Citing cases

  1. Lee v. Grandcor Medical Systems, Inc.

    702 F. Supp. 252 (D. Colo. 1988)   Cited 29 times
    In Lee v. Grandcor Med. Sys., Inc., 702 F. Supp. 252 (D.Colo. 1988), the court concluded that the plaintiff's claim for tortious interference with business relations was covered by the parties' arbitration clause.

    Settlement of disputes through arbitration is strongly favored by Colorado courts. See, e.g., Red Carpet Armory Realty Company v. Golden West Realty, 644 P.2d 93, 94 (Colo.App. 1982). Section 13-22-203, Colo.Rev.Stat., provides, in relevant part:

  2. Byerly v. Kirkpatrick Pettis Smith

    996 P.2d 771 (Colo. 2000)   Cited 12 times
    In Byerly v. Kirkpatrick Pettis Smith Polian, Inc., 996 P.2d 771, 774-75 (Colo.App. 2000), the division refused to vacate an arbitration award on the ground that the award was in manifest disregard of the law.

    Pursuant to the express language of the UAA, the party seeking to set aside an arbitration award must assert one of the five enumerated grounds for relief or the award will be affirmed. Section 13-22-214, C.R.S. 1999; Red Carpet Armory Realty Co. v. Golden West Realty, 644 P.2d 93 (Colo.App. 1982). Because plaintiff has not asserted any of the statutory grounds for relief, we perceive no error in the trial court's decision affirming the arbitration award.

  3. State Farm Mutual Automobile Insurance Co. v. Cabs, Inc.

    751 P.2d 61 (Colo. 1988)   Cited 20 times
    Interpreting predecessor section of section 13-22-223 and holding failure to timely file motion to vacate "denies [the party] the use of a forum to challenge the potentially excessive exercise of the arbitrators' powers"

    1981); Cohen v. Quiat, 749 P.2d 453 (Colo. 1987); Red Carpet Armory Realty v. Golden West Realty, Inc., 644 P.2d 93, 94 (Colo.App. 1982). See also Colo. Const. art. XVIII, § 3 ("It shall be the duty of the General Assembly to pass such laws as may be necessary and proper to decide differences by arbitrators. . .").

  4. Huizar v. Allstate Insurance Co.

    932 P.2d 839 (Colo. App. 1996)   Cited 3 times

    Colorado strongly favors settlement of disputes by arbitration. Red Carpet Armory Realty Co. v. Golden West Realty, 644 P.2d 93 (Colo.App. 1982). The public policy of Colorado with respect to arbitration is of constitutional dimension.

  5. Cabus v. Dairyland Insurance Co.

    656 P.2d 54 (Colo. App. 1982)   Cited 13 times
    Noting that an issue voluntarily submitted or submitted by an agreement expanding the original scope of the arbitrator's jurisdiction does not alter the fact that, once agreed upon, it becomes part of a binding contract to arbitrate

    Generally, arbitrators are not bound by either substantive or procedural rules of law, except as required under the terms of the arbitration agreement. Textile Workers v. Lincoln Mills, 353 U.S. 448, 77 S.Ct. 912, 1 L.Ed.2d 972 (1957); Aimcee Wholesale Corp. v. Tomar Products, Inc., 21 N.Y.2d 621, 289 N.Y.S. 2d 968 (1968); Jacob v. Pacific Export Lumber Co., 135 Ore. 622, 297 P. 848 (1931); see also § 13-22-214(1)(b), C.R.S. 1973 (1981 Cum. Supp.). For example, we recently found that where a blanket agreement to submit to arbitration contained no restriction on the power of the arbitrator, and the parties agreed, as here, to be bound by the decision, the arbitration agreement was controlling and could not be superseded on appellate review Red Carpet Armory Realty Co. v. Golden West Realty Co., 644 P.2d 93 (Colo.App. 1982). Consequently, even if Alliance Casualty Co. v. Duerson, supra, is the most appropriate statement of Colorado law, the arbitrator's failure to apply it did not vitiate his award.