(1) On motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award:
(a) Upon a ground stated in section 13-22-224 (1)(a) or (1)(c);
(b) If the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or (c) To clarify the award.
(2) A motion made under subsection (1) of this section shall be made and notice shall be given to all parties within twenty days after the movant receives notice of the award.
(3) A party to the arbitration proceeding shall give notice of any objection to the motion within ten days after receipt of the notice.
(4) If a motion to the court is pending under section 13-22-222, 13-22-223, or 13-22- 224, the court may submit the claim to the arbitrator to consider whether to modify or correct the award:
(a) Upon a ground stated in section 13-22-224 (1)(a) or (1)(c);
(b) If the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or (c) To clarify the award.
(5) An award modified or corrected pursuant to this section is subject to the provisions of sections 13-22-219 (1), 13-22-222, 13-22-223, and 13-22-224.
Source: L. 2004: Entire part R&RE, p. 1727, § 1, effective August 4.
Editor's note: This section is similar to former § 13-22-211 as it existed prior to 2004.
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 2004–2023 · leading case:
In Re the Marriage of Roth, 2017 COA 45 (Colo. Ct. App. 2017).
In Re the Marriage of Roth, 2017 COA 45 (Colo. Ct. App. 2017).
· cites it 29× “¶ 17 Under section 13-22-222(1), when a motion to confirm an arbitration award is made to the district court, “the court shall issue a confirming order unless the award is modified or corrected [by the arbitrator] pursuant to section 13-22-220,” or by the court pursuant to…”
Osborn v. Packard, 117 P.3d 77 (Colo. Ct. App. 2004).
· cites it 4× “154, § 13-22-211 at 575 (now recodified with amendments as § 13-22-220, C.R.S.2004); see Applehans v.”
Rocha v. Fin. Indem. Corp., 155 P.3d 602 (Colo. Ct. App. 2006).
· cites it 10× “The authority of an arbitrator to modify an arbitration award is controlled by § 13-22-220, C.R.S.2006 (formerly Colo. Sess.”
Sooper Credit Union v. Sholar Grp. Architects, P.C., 113 P.3d 768 (Colo. 2005).
· cites it 2× “(2003), repealed and reenacted as amended at § 13-22-220, C.R.S. (2004), of the Uniform Arbitration Act of 1975 (“the Act”) provides that on application by a party or submission by the court, an “arbitrator[ ] may modify or correct [an] award upon the grounds stated in section…”
Treadwell v. Vill. Homes of Colorado, Inc., 222 P.3d 398 (Colo. Ct. App. 2009).
· cites it 2× “" § 13-22-220(1)(b), C.R.S.2009. Village Homes contends this section was inapplicable because the initial award was not denominated an "interim award" and did not expressly reserve the determination of prejudgment interest.”
Est. of Guido v. Exempla, Inc., 292 P.3d 996 (Colo. Ct. App. 2012).
· cites it 4× “Laws 575 (twenty-day deadline for motion to arbitrator to modify or correct award) (now recodified with amendments as § 13-22-220, C.R.S8.2011); of. §§ 18-22-223(2), 183-22-224(1) (providing ninety days).”
Superior Const. Co., Inc. v. Bentley, 104 P.3d 331 (Colo. Ct. App. 2004).
· cites it 2× “In response, Bentley filed a motion with the arbitrator to clarify or modify the award under the former § 18-22-211 (now codified with amendments at § 13-22-220, C.R.S.2004). Based on his discovery that Superior had submitted fraudulently altered evidence in the arbitration,…”
In re the Marriage of Rivera, 300 P.3d 994 (Colo. Ct. App. 2013).
· cites it 2× “Section 13-22-222(1) provides that upon request by a party to an arbitration proceeding, "the court shall issue a confirming order unless the award is modified or corrected pursuant to section 13-22-220 [C.R.S. 2012,] or 13-22-224 [C.”
Rooftop Restoration & Exteriors, Inc. v. Nautilus Ins. Co. (D. Colo. 2022).
· cites it 2× “) Defendant requests a court order confirming the Appraisal Award under § 13-22-222 of CUAA, which provides: After a party to an arbitration proceeding receives notice of an award, the party may make a motion to the court for an order confirming the award at which time the court…”
Bertisen v. Travelers Home & Marine Ins. Co., The (D. Colo. 2023).
· cites it 2× “In the event a motion to confirm the award is filed, “the court shall issue a confirming order unless the award is modified or corrected pursuant to section 13-22-220 or 13- 22-224 or is vacated pursuant to section 13-22-223.”
— Colo. Rev. Stat. § 13-22-220(1) — 2 cases
In Re the Marriage of Roth, 2017 COA 45 (Colo. Ct. App. 2017).
“¶ 17 Under section 13-22-222(1), when a motion to confirm an arbitration award is made to the district court, “the court shall issue a confirming order unless the award is modified or corrected [by the arbitrator] pursuant to section 13-22-220,” or by the court pursuant to…”
Osborn v. Packard, 117 P.3d 77 (Colo. Ct. App. 2004).
“154, § 13-22-211 at 575 (now recodified with amendments as § 13-22-220, C.R.S.2004); see Applehans v.”
— Colo. Rev. Stat. § 13-22-220(1)(a) — 1 case
Rocha v. Fin. Indem. Corp., 155 P.3d 602 (Colo. Ct. App. 2006).
“The authority of an arbitrator to modify an arbitration award is controlled by § 13-22-220, C.R.S.2006 (formerly Colo. Sess.”
— Colo. Rev. Stat. § 13-22-220(1)(b) — 1 case
Treadwell v. Vill. Homes of Colorado, Inc., 222 P.3d 398 (Colo. Ct. App. 2009).
“" § 13-22-220(1)(b), C.R.S.2009. Village Homes contends this section was inapplicable because the initial award was not denominated an "interim award" and did not expressly reserve the determination of prejudgment interest.”
— Colo. Rev. Stat. § 13-22-220(1)(c) — 1 case
In Re the Marriage of Roth, 2017 COA 45 (Colo. Ct. App. 2017).
“¶ 17 Under section 13-22-222(1), when a motion to confirm an arbitration award is made to the district court, “the court shall issue a confirming order unless the award is modified or corrected [by the arbitrator] pursuant to section 13-22-220,” or by the court pursuant to…”
— Colo. Rev. Stat. § 13-22-220(2) — 1 case
In Re the Marriage of Roth, 2017 COA 45 (Colo. Ct. App. 2017).
“¶ 17 Under section 13-22-222(1), when a motion to confirm an arbitration award is made to the district court, “the court shall issue a confirming order unless the award is modified or corrected [by the arbitrator] pursuant to section 13-22-220,” or by the court pursuant to…”
— Colo. Rev. Stat. § 13-22-220(4) — 1 case
In Re the Marriage of Roth, 2017 COA 45 (Colo. Ct. App. 2017).
“¶ 17 Under section 13-22-222(1), when a motion to confirm an arbitration award is made to the district court, “the court shall issue a confirming order unless the award is modified or corrected [by the arbitrator] pursuant to section 13-22-220,” or by the court pursuant to…”
— Colo. Rev. Stat. § 13-22-220(l) — 1 case
In Re the Marriage of Roth, 2017 COA 45 (Colo. Ct. App. 2017).
“¶ 17 Under section 13-22-222(1), when a motion to confirm an arbitration award is made to the district court, “the court shall issue a confirming order unless the award is modified or corrected [by the arbitrator] pursuant to section 13-22-220,” or by the court pursuant to…”
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