Colo. Const. art. XVIII § 3 - Arbitration laws

• Library: Colorado Constitution
• Currency: Current through 11/8/2022 Election
• Citation: 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, to be appointed by mutual agreement of the parties to any controversy who may choose that mode of adjustment. The powers and duties of such arbitrators shall be as prescribed by law.

Cite as Colo. Const. art. XVIII § 3

Source:

Entire article added, effective August 1, 1876, see L. 1877, p. 73.

ANNOTATION

Law reviews. For article, "Trial by Lawyer Panel: A Solution to Trial Court Backlogs?", see 37 Dicta 115 (1960). For article, "When is an "Arbitration" not an Arbitration?", see 46 Colo. Law. 29 (Oct. 2017).

State policy to encourage arbitration. It is the policy of this state to foster and encourage the use of arbitration as a method of dispute resolution. Judd Constr. Co. v. Evans Joint Venture, 642 P.2d 922 (Colo. 1982); Cohen v. Quiat, 749 P.2d 453 (Colo. App. 1987).

All doubts as to whether a dispute is arbitrable are to be resolved in favor of arbitration. Huizar v. Allstate Ins. Co., 932 P.2d 839 (Colo. App. 1996).

Binding grievance arbitration of disputes arising under the terms of a public employment collective bargaining agreement is not per se unconstitutional as a delegation of legislative authority. City & County of Denver v. Denver Firefighters Local 858, 663 P.2d 1032 (Colo. 1983).

This section does not require arbitration. This section neither contemplates nor admits of a law providing for the compulsory submission of differences to arbitration. In re Bill Relating to Compulsory Arbitration, 9 Colo. 629, 21 P. 474 (1886).

But agreements to arbitrate are enforceable, and actions based on disputes subject to arbitration may be dismissed for failure to comply with the condition precedent. Ellis v. Rocky Mt. Empire Sports, Inc., 43 Colo. App. 166, 602 P.2d 895 (1979).