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

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Multi-State
Control #:
US-02640BG
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Word; 
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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

If all parties accept the arbitrator's decision, the award becomes the final judgment of the court and may not be appealed to a higher court. However, either party may reject the non-binding award and request a trial before a judge or a jury, who will not know the result of the arbitration.

The parties and arbitrators meet in person to conduct the hearing in which the parties present arguments and evidence in support of their respective cases. After the conclusion of the hearing, the arbitrators deliberate the facts of the case and render a written decision called an award.

At the end of the hearing, the commissioner issues a written outcome on the dispute. The decision, called an arbitration award, is final and legally binding on both parties. The arbitration award is sent to the parties by the CCMA within 14 days of the finalization of the arbitration.

Arbitration is when disputing parties submit their differences to a neutral third party professional who makes a final award for financial damages, if any. Many disputes between consumers and contractors can be resolved efficiently and in a timely manner through arbitration.

The arbitrator's final decision on the case is called the ?award.? This is like a judge's or jury's decision in a court case. Once the arbitrator decides that all of the parties' evidence and arguments have been presented, the arbitrator will close the hearings. This means no more evidence or arguments will be allowed.

The disadvantages of arbitration Both sides give up their right to an appeal, which means one party could end up feeling slighted. If the matter is complicated but the amount of money involved is modest, the arbitrator's fee may make arbitration uneconomical.

The parties and arbitrators meet in person to conduct the hearing in which the parties present arguments and evidence in support of their respective cases. After the conclusion of the hearing, the arbitrators deliberate the facts of the case and render a written decision called an award.

Under binding arbitration, the parties agree to accept the arbitrator's decision as final, limiting their right to seek resolution of the dispute by a court. But under nonbinding arbitration, if either party rejects the arbitrator's decision, the parties are generally free to go to court in the regular way.

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