summary
Introduced
01/13/2020
01/13/2020
In Committee
05/27/2020
05/27/2020
Crossed Over
05/27/2020
05/27/2020
Passed
Dead
06/04/2020
06/04/2020
Introduced Session
2020 Regular Session
Bill Summary
The bill enacts the "Consumer and Employee Dispute Resolution Fairness Act" (act). For certain consumer and employment arbitrations, the act: Prohibits the waiver of standards for and challenges for evident partiality prior to a claim being filed and requires any waiver of such provisions after the claim is filed to be in writing; Provides that the right of a party to challenge an arbitrator based on evident partiality is waived if not raised within a reasonable time of learning of the information leading to the challenge but that such right is not waived if caused by the opposing party; Establishes ethical standards for arbitrators; and Requires specified public disclosures by arbitration services providers but includes protections for certain confidential information. The bill also requires an individual arbitrator for certain consumer and employment arbitrations to make additional disclosures of information that might affect the arbitrator's impartiality. The bill specifies how attorney fees and other reasonable expenses are to be awarded if a court vacates an award because of an arbitrator's evident partiality or failure to make required disclosures and clarifies when appeals of orders may be made in consumer and employee arbitrations. The bill also provides that for a standard form contract involving a consumer or employee: ! Specified terms are unenforceable as against public policy; ! Including an unenforceable term constitutes a deceptive trade practice under the "Colorado Consumer Protection Act"; and ! How certain cost-shifting provisions are to be interpreted.
AI Summary
This bill enacts the "Consumer and Employee Dispute Resolution Fairness Act," which aims to protect the integrity of the arbitration process for consumer and employment disputes. Key provisions include:
1) Prohibiting the pre-dispute waiver of standards for and challenges to evident arbitrator partiality, and requiring any post-dispute waiver to be in writing.
2) Establishing ethical standards for arbitrators in consumer and employment disputes, including disclosure requirements and conflict of interest rules.
3) Requiring arbitration services providers to publicly disclose detailed information about consumer and employment arbitrations they administer, with protections for confidential information.
4) Declaring certain standard form contract terms involving employees to be unenforceable as against public policy, and providing guidance for courts in addressing unenforceable terms.
The bill is intended to supplement the Federal Arbitration Act and apply to arbitrations governed by Colorado law, with certain exceptions such as those involving collective bargaining agreements.
Committee Categories
Budget and Finance, Justice
Sponsors (4)
Last Action
House Committee on Finance Postpone Indefinitely (on 06/04/2020)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://leg.colorado.gov/bills/sb20-093 |
| BillText | https://leg.colorado.gov/sites/default/files/documents/2020A/bills/2020a_093_ren.pdf |
| BillText | https://leg.colorado.gov/sites/default/files/documents/2020A/bills/2020a_093_eng.pdf |
| BillText | https://leg.colorado.gov/sites/default/files/documents/2020A/bills/2020a_093_01.pdf |
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