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.
Kansas Submission to Arbitration of Dispute between Building Construction Contractor and Owner: In Kansas, the submission of a dispute between a building construction contractor and an owner to arbitration is a common method of resolving conflicts outside the courtroom. This process allows the involved parties to present their case before an impartial third-party arbitrator or a panel of arbitrators, who will make a binding decision on the matter. Arbitration can be a cost-effective and efficient alternative to traditional litigation, providing a streamlined process for reaching a resolution. There are several types of Kansas submissions to arbitration that can be utilized depending on the specific circumstances of the dispute. These include: 1. Voluntary Arbitration: This type of submission occurs when both the building construction contractor and the owner agree to resolve their dispute through arbitration voluntarily. It is a cooperative approach where both parties willingly participate in the process. 2. Mandatory Arbitration: In certain cases, arbitration may be mandated by a provision in the construction contract between the building construction contractor and the owner. This means that both parties are required to submit their dispute to arbitration rather than pursuing traditional litigation. 3. Ad Hoc Arbitration: Ad hoc arbitration refers to a submission to arbitration that is specifically tailored to the individual circumstances of the dispute. The parties involved can choose their own arbitrator, determine the rules and procedures of the arbitration, and have more autonomy in the process. 4. Institutional Arbitration: In contrast, institutional arbitration involves submitting a dispute to an established arbitration institution that provides predetermined rules and procedures for conducting the arbitration. These institutions, such as the American Arbitration Association (AAA) or JAMS, play a significant role in administering the arbitration process. When parties choose to submit their dispute to arbitration in Kansas, they typically follow a well-defined process. First, the party initiating the arbitration will provide a Notice of Arbitration to the opposing party, indicating their intention to resolve the dispute through arbitration. The respondent then has a designated period to respond to the Notice of Arbitration, after which the selection of the arbitrator(s) takes place. After the arbitrator(s) are selected, a preliminary hearing may be conducted to establish the rules and procedures for the arbitration process, including the timeline for submitting evidence, witness statements, and any applicable expert reports. Once these details are determined, a hearing is scheduled where both parties present their case, including witness testimonies and supporting evidence. Following the hearing, the arbitrator(s) will deliberate and render a final decision, known as the arbitral award. This award is binding on both parties and enforceable by the courts. Appeals to arbitration awards are limited, usually only allowed for specific reasons such as misconduct or a violation of due process. In summary, Kansas offers various types of submissions to arbitration for building construction contractor and owner disputes. Whether voluntary or mandatory, ad hoc or institutional, arbitration provides an alternative dispute resolution mechanism that can save time, money, and potentially maintain business relationships by avoiding lengthy court battles.
