Court May Not Enforce Arbitrator's Subpoena Against Out-Of-State Nonparty, Colo. High Court Rules

DENVER - A state court did not have the authority to enforce a civil subpoena that was issued by an arbitrator against an out-of-state nonparty, the Colorado Supreme Court has ruled. In re Colorado Mills LLC v. SunOpta Grains and Foods Inc., No. 11SA82 (Colo. Sup. Ct.).

Sitting en banc, the Supreme Court ruled Feb. 6 that Colorado's version of the Revised Uniform Arbitration Act limits the trial court's enforcement authority in the arbitration context to the degree it would have in a civil action.

During an arbitration between SunOpta Grains and Foods Inc. and Colorado Mills LLC, the arbitrator, …