Alabama Submission to Arbitration of Dispute between Building Construction Contractor and Owner

State:
Multi-State
Control #:
US-02640BG
Format:
Word; 
Rich Text
Instant download

Description

A submission agreement is a contract in which the parties agree to submit a particular existing controversy to arbitration and to abide by the award of the arbitrator or arbitration panel. The agreement is governed by the rules applicable to contracts generally, and consideration is supplied by the mutual covenants of the parties to be bound by the award rendered.

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FAQ

In terms of adjudication, this is dealt with by way of an independent third party adjudicator, whereas a single arbitrator or a panel can decide arbitration. After the adjudicator has issued their decision there is no right of appeal and it must be enforced.

The decision made by the adjudicator is only temporarily binding, which means the parties can still pursue the dispute further if they are not satisfied with the outcome. In contrast, the decision made by the arbitrator is final and legally binding, except in limited circumstances.

Use alternative dispute resolution methods Mediation is a process where a neutral third party helps the disputing parties reach a voluntary settlement. Arbitration is a process where a neutral third party makes a binding decision after hearing both sides.

Arbitration is binding and it can be a much longer and more formal process. Adjudication involves the quick resolution of disputes between parties where an adjudicator hears the outline of both sides of the argument and makes a fast decision within 28 days. Often the dispute is decided on paper only.

The main distinction between the two is who makes the final decision. With mediation, the final decision is a reached agreement between the two conflicting parties, while arbitration calls on an arbitrator to analyze the case details and reach a verdict.

Arbitration is a procedure in which a dispute is submitted, by agreement of the parties, to one or more arbitrators who make a binding decision on the dispute. In choosing arbitration, the parties opt for a private dispute resolution procedure instead of going to court.

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Alabama Submission to Arbitration of Dispute between Building Construction Contractor and Owner