BRM Construction v. Marais Gaylord (Colo. App. 2007)
The Colorado Court of Appeals held that the arbitrator gets to decide whether or not the claimant has satisfied the required conditions precedent to initiating arbitration. The defendant argued that the plaintiff was required to first submit the claim to the architect for consideration, and that plaintiff was untimely in demanding arbitration. The district court and the Court of Appeals both decided that these issues were for the arbitrator to resolve, and the arbitrator's decision on the issues was not subject to review. "[A]n arbitrator’s resolution of [issues concerning compliance with procedural conditions precedent to arbitration], even if erroneous, is not a ground for vacating or refusing to confirm the award."
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