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.
Connecticut Submission to Arbitration of Dispute between Building Construction Contractor and Owner In the state of Connecticut, the Submission to Arbitration is a legal process to resolve disputes between building construction contractors and owners. Arbitration offers an alternative to lengthy and costly litigation, ensuring a more streamlined and efficient resolution of conflicts. Submitting a dispute to arbitration implies that both the contractor and the owner agree to resolve their differences with the assistance of an impartial third party known as an arbitrator. This process is governed by Connecticut state laws and regulations specifically designed to provide a fair and equitable resolution. The Connecticut Submission to Arbitration of Dispute between Building Construction Contractor and Owner typically involves several steps: 1. Contractual Agreement: In most cases, parties involved in a construction project sign a contract that contains an arbitration clause. This clause establishes their commitment to resolving any disputes through arbitration rather than pursuing litigation. 2. Notice of Dispute: When a conflict arises between the contractor and the owner, either party needs to provide a written Notice of Dispute to the other party. This notice highlights the specific issues prompting the dispute and initiates the arbitration process. 3. Selection of Arbitrator: Once the Notice of Dispute is received, both parties are responsible for selecting an arbitrator or participating in the selection process if pre-determined in the contract. The chosen arbitrator should be experienced in construction law and have the necessary knowledge to fairly evaluate the issues at hand. 4. Arbitration Hearing: The arbitration hearing is conducted in a private and neutral environment, similar to a courtroom setting. Both parties present their arguments, evidence, and witnesses supporting their claims to the arbitrator. The arbitrator reviews the evidence and listens to the testimonies before making a final decision. 5. Arbitration Award: Following the arbitration hearing, the arbitrator issues an arbitration award which represents their final decision. The award is legally binding and typically resolves the dispute, providing a resolution to the parties involved. Connecticut also recognizes various types of Submission to Arbitration for building construction disputes, including: 1. Mandatory Arbitration: This type of arbitration is required by contract or statute. Both parties must submit to the arbitration process as outlined in their agreement. 2. Voluntary Arbitration: In cases where the contract does not explicitly require arbitration, parties may voluntarily agree to pursue arbitration to resolve their dispute. 3. Ad Hoc Arbitration: This occurs when the contractor and owner mutually agree to appoint an arbitrator without the involvement of an established arbitration institution or organization. 4. Institutional Arbitration: In some instances, the parties opt to conduct arbitration through a recognized arbitration institution such as the American Arbitration Association (AAA) or the International Chamber of Commerce (ICC). It is important for both building construction contractors and owners in Connecticut to familiarize themselves with the state's laws regarding submission to arbitration. Consultation with legal professionals specializing in construction law can help ensure compliance with the regulations and an effective resolution to any disputes that may arise between parties involved in construction projects within the state.
