Twin Lakes Reservoir & Canal Co. v. Platt Rogers, Inc
In Twin Lakes Reservoir & Canal Co. v. Platt Rogers, Inc., 112 Colo. 155, 147 P.2d 828 (1944) the Court addressed a challenge to an arbitration award based upon ex parte communications between the arbitrators and certain experts and other persons.
The arbitrators testified in the proceeding and the argument was made on appeal that the trial court erred in admitting this testimony. The court stated:
Under our view, the questioned evidence was not intended to vary, or add to, the terms of the award nor accomplish such; rather, it was directed to what took place before the arbitrators, what was in controversy, and what matters entered into the decision, and so was properly received. (Twin Lakes Reservoir & Canal Co. v. Platt Rogers, Inc., supra, 112 Colo. at 170-71, 147 P.2d at 836.)