Maryland Arbitration Submission Agreement
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FAQ
A submission agreement provides for the referral of disputes for resolution by arbitration. A submission agreement maybe used in circumstances where the parties have not previously included a dispute resolution clause in their contract and/or it may be used to supersede and replace prior dispute resolution agreements.
We noted that arbitration clauses are made before any dispute arises. Submission agreements, however, are agreements to arbitrate made after the dispute has arisen.
A Submission Agreement is a post-dispute agreement to resolve an existing dispute through arbitration.
An arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process.
In the submission agreement, the parties agree to submit only a specific dispute to arbitration. They can do so at the time the dispute arises, while the parties are engaged in negotiations for a resolution, or even if the dispute is already being actively litigated in court.
To enforce the right to arbitrate, the party must then file a motion to stay the lawsuit in favor of arbitration. If both parties to the agreement ignore the right to arbitrate, the right is waived.
VALid ArbitrAtion AGreement Under the MUAA, written arbitration agreements are valid, enforceable, and irrevocable, except where there are grounds at law or in equity for the revocation of a contract (Md. Code Ann., Cts. & Jud.
What is binding arbitration? Binding arbitration involves the submission of a dispute to a neutral party who hears the case and makes a decision. Arbitration takes the place of a trial before a judge or jury.
Arbitration Act, or common law rules governing arbitration, an arbitrator makes a decision which is binding on the parties. If conducted solely pursuant to Title 17 of the Maryland Rules, and there is no agreement to the contrary, the arbitration is non-binding and the parties may accept or reject the award.
