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.
Delaware Submission to Arbitration of Dispute between Building Construction Contractor and Owner is a legal process in the state of Delaware wherein disputes between a building construction contractor and the owner are resolved through arbitration. This alternative dispute resolution method offers a binding decision that can be enforced by the court, providing an efficient and cost-effective alternative to litigation. Arbitration in Delaware allows both parties to present their case before an impartial arbitrator or a panel of arbitrators who have expertise in construction law. The arbitrators are selected by mutual agreement or as provided in the contract between the contractor and the owner. They will carefully consider the evidence, arguments, and relevant laws to make a final decision on the dispute. In Delaware, there are two primary types of submission to arbitration for construction disputes: 1. Voluntary Submission: This type of submission occurs when both parties voluntarily agree to participate in arbitration as a means of resolving their dispute. It may be included in the original construction contract or agreed upon after a dispute arises. Voluntary submission to arbitration provides parties with more control over the process and flexibility in selecting the arbitrators. 2. Court-Ordered Submission: When the parties cannot reach an agreement on arbitration voluntarily, either the contractor or the owner can seek a court order to require the other party to submit the dispute to arbitration. This type of submission may be initiated when one party refuses to engage in arbitration despite contract provisions or attempts to resolve the dispute through negotiation or mediation. The Delaware Submission to Arbitration process involves the following key steps: 1. Initiating the Process: The party seeking arbitration sends a written notice to the other party, clearly stating their intent to submit the dispute to arbitration and providing relevant information such as the dispute's nature, contractual provisions supporting arbitration, and proposed arbitrators. 2. Response and Agreement: The recipient of the notice has a designated time frame to respond, either accepting the proposal for arbitration or presenting counterarguments. If a mutual agreement is reached, the parties proceed with appointing arbitrators and establishing procedural guidelines. 3. Appointment of Arbitrators: If the parties agree upon arbitration, they appoint a neutral and qualified arbitrator(s). In Delaware, the arbitrators may be selected from a list of qualified professionals or experts provided by the American Arbitration Association (AAA) or any other agreed-upon entity. 4. Arbitration Proceedings: A pre-hearing conference is conducted to establish the procedural rules, timelines, and exchange of information. The actual arbitration hearing takes place where the parties present their respective cases, submit evidence, and call witnesses, if necessary. The arbitrator(s) then consider all provided materials and arguments in reaching a final decision. 5. Arbitration Award: The arbitrator(s) issue a written arbitration award, which includes the resolution of the dispute, damages awarded (if any), and any required actions by the parties. The award is binding and enforceable by the court. The Delaware Submission to Arbitration of Dispute between Building Construction Contractor and Owner offers a streamlined approach to resolving construction disputes, ensuring fairness and reducing the time and costs associated with traditional litigation. It provides a reliable mechanism for both parties to seek a fair resolution without the need for prolonged courtroom battles.
