Mississippi 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

Arbitration provisions are often written into commercial contracts, stating that in the event of a conflict, the parties will use arbitration to resolve their issue. These clauses can be clear-cut: both parties pledge that they will resolve disputes in front of an arbitrator and follow its rules.

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.

Arbitration is a private process where disputing parties agree that one or several individuals can make a decision about the dispute after receiving evidence and hearing arguments. Arbitration is different from mediation because the neutral arbitrator has the authority to make a decision about the dispute.

If a dispute is not resolved through Conciliation, a party in dispute may request the CCMA to resolve the dispute by arbitration if it is one of those that can be arbitrated. See the separate section that deals with Conciliation for a full explanation on that.

A claimant initiates an arbitration by filing a statement of claim that specifies the relevant facts and remedies requested. A respondent responds to an arbitration claim by filing an answer that specifies the relevant facts and available defenses to the statement of claim.

Some types of cases can not be arbitrated. Most matters that involve family law, immigration law or criminal law cannot be arbitrated, because the parties cannot enter into an agreement on those matters without restriction.

Cons: Arbitration can be more expensive and time-consuming than litigation, especially if the parties choose a complex and formal procedure, involve multiple arbitrators, or face multiple challenges or appeals.

A standard arbitration clause in the American Institute of Architects Form A201 is "All claims or disputes between the contractor and the Owner arising out of or relating to the Contract Documents, or the breach thereof, shall be decided by arbitration in ance with the Construction Industry Arbitration Rules of ...

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