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.
Hawaii Submission to Arbitration of Dispute between Building Construction Contractor and Owner is a legal process available in Hawaii to resolve conflicts and disagreements between a building construction contractor and an owner. This alternative dispute resolution method offers a confidential, efficient, and cost-effective way to settle disputes without going through a lengthy court trial. In Hawaii, owners and contractors can choose to include an arbitration clause within their construction contract, which states that any disputes arising from the project will be resolved through arbitration. This clause stipulates that both parties must agree to submit their dispute to an impartial third-party arbitrator or a panel of arbitrators. The arbitrator(s) will hear both sides of the argument and render a decision that is legally binding on both parties. The submission to arbitration process in Hawaii follows specific procedures to ensure a fair and equitable resolution. The parties involved must first consult the arbitration clause in their contract to determine if the dispute falls under its scope. If so, they must then select an arbitrator or engage an arbitration service organization to oversee the case. There are different types of Hawaii Submission to Arbitration, including: 1. Ad-hoc arbitration: Parties involved in the dispute appoint an arbitrator independently and agree on the arbitration procedure. This type of arbitration provides flexibility in selecting an arbitrator who is experienced in construction disputes. 2. Institutional arbitration: Parties opt for an arbitration service organization, such as the American Arbitration Association (AAA) or the Hawaii State Bar Association, to administer the arbitration process. These organizations provide a framework for the arbitration, including rules and guidelines, and often have a pool of experienced arbitrators to choose from. Once the arbitrator or arbitration organization is chosen, the process begins with the filing of a Request for Arbitration. This document outlines the dispute, the parties involved, and any relevant evidence or supporting documents. The responding party has an opportunity to provide their response, and the arbitrator(s) may schedule a preliminary conference to clarify the issues and establish the procedures for the arbitration. During the arbitration hearing, both parties present their cases, present witnesses and evidence, and have the opportunity to cross-examine the opposing party's witnesses. The arbitrator(s) may also conduct site visits, review documentation, and invite expert witnesses to provide insights into technical aspects of the dispute. After all evidence and arguments have been presented, the arbitrator(s) will deliberate and issue a decision known as an arbitral award. This award is binding and can be enforced in court if necessary. The Hawaii Submission to Arbitration of Dispute between Building Construction Contractor and Owner offers advantages such as reduced timeframes compared to a court trial, a specialized decision-maker with construction industry expertise, confidentiality, and lower overall costs. However, it is important to carefully review and understand the arbitration clause within the contract to ensure compliance and avoid any unexpected consequences. In conclusion, the Hawaii Submission to Arbitration of Dispute between Building Construction Contractor and Owner is a valuable alternative to resolve construction disputes efficiently and fairly. Whether opting for ad-hoc or institutional arbitration, the process provides a platform for parties to handle their disagreements outside traditional court proceedings, promising a quicker resolution and saving valuable time and resources.
