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.
Puerto Rico Submission to Arbitration of Dispute between Building Construction Contractor and Owner: A Comprehensive Guide Introduction: When disputes arise between building construction contractors and owners in Puerto Rico, a submission to arbitration is a popular alternative to resolving conflicts instead of resorting to lengthy and expensive litigation. This detailed description will provide an overview of Puerto Rico's submission to arbitration process, its benefits, and different types of submission available. Key Benefits of Puerto Rico Submission to Arbitration: 1. Cost-effective: Arbitration offers a more affordable resolution process than traditional litigation, as it typically involves lower legal fees and avoids extended court proceedings. 2. Expedited resolution: Arbitration proceedings are generally quicker and more streamlined than legal proceedings, providing timely resolutions to disputes. 3. Confidentiality: Unlike court hearings, arbitration maintains strict confidentiality, ensuring that the details of the dispute and outcome remain private. 4. Expert decision-makers: Arbitrators are often industry professionals or legal experts with relevant experience, allowing for informed decision-making in complex construction matters. Types of Puerto Rico Submission to Arbitration: 1. Construction contract arbitration: This form of arbitration occurs when disputes arise over contractual matters between the building construction contractor and the owner, such as delays, cost overruns, design issues, or breach of contract. 2. Quality and defect disputes: If disagreements arise concerning the quality of workmanship, materials used, or potential defects in the building construction, arbitration can be initiated to assess liability, repairs, or compensation. 3. Payment disputes: Disputes regarding payment for completed work, change orders, or unpaid invoices can be resolved through arbitration, ensuring fair resolutions for both parties. 4. Time extension disputes: When disagreements arise concerning project timelines, including extensions, delays, or liquidated damages due to time-sensitive factors, arbitration can provide a prompt resolution. 5. Insurance claims disputes: If disputes arise between the contractor and the owner concerning insurance claims for property damage, personal injuries, or liability coverage, arbitration can be used to determine entitlement and settlement amounts. Process of Puerto Rico Submission to Arbitration: 1. Pre-arbitration: Both parties should attempt to resolve the dispute amicably at the initial stages. If unsuccessful, the arbitration clause within the construction agreement will be invoked, triggering the submission to arbitration process. 2. Selection of arbitrator(s): Both parties mutually agree on a single arbitrator or a panel of arbitrators with expertise in construction law or the relevant field. The Puerto Rico Arbitration Act governs the selection process. 3. Initial conference: The arbitrator(s) will conduct an initial conference to establish procedural guidelines, exchange relevant documents, set deadlines, and outline further steps to streamline the arbitration proceedings. 4. Discovery and evidence exchange: Both parties present evidence, witness statements, expert reports, and any other relevant documentation to support their case, ensuring transparency and an objective assessment of the dispute. 5. Arbitration hearing: A formal hearing is conducted where each party presents their case, witnesses, and arguments. The arbitrator(s) evaluate the evidence, listen to testimonies, and cross-examine witnesses before issuing their final decision. 6. Final award: The arbitrator(s) issue a written decision outlining their findings, reasoning, and any damages or remedies awarded. This decision is legally binding, just like a court judgment, and can be enforced if necessary. Conclusion: Puerto Rico's submission to arbitration is a valuable and efficient mechanism for resolving disputes between building construction contractors and owners. By choosing arbitration, parties can benefit from a cost-effective, timely, and confidential resolution process. Whether a dispute involves construction contracts, quality issues, payment or insurance claims, arbitration offers a fair and expert-driven alternative to traditional court proceedings.
