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.
Title: South Carolina Submission to Arbitration of Dispute between Building Construction Contractor and Owner: A Comprehensive Overview Introduction: In South Carolina, when disagreements or disputes arise between building construction contractors and owners, seeking resolution through arbitration has become a popular alternative to traditional litigation. This article delves into the detailed description of the South Carolina process of submitting disputes to arbitration, highlighting relevant keywords to shed light on the different types and aspects involved. 1. Understanding Arbitration in South Carolina: Arbitration entails the utilization of a neutral third party, an arbitrator, to settle conflicts between the contractor and owner outside of court. It offers advantages such as flexibility, efficiency, and a streamlined process to resolve disputes, making it an attractive option for settling construction-related conflicts. 2. South Carolina's Arbitration Agreements: To initiate the arbitration process, a key step involves creating and implementing an arbitration agreement between the contractor and owner. It is crucial that this agreement spells out the terms and conditions, including the specific issues subject to arbitration, the chosen arbitration rules, and the appointment of an arbitrator. 3. Types of Arbitration Clauses in South Carolina: a) Mandatory Arbitration: This clause requires parties to settle their disputes exclusively through arbitration, barring any litigation in court. b) Voluntary Arbitration: Parties may agree to submit their dispute to arbitration as an alternative but retain the option to forego arbitration and pursue litigation if desired. c) Binding Arbitration: This type of clause necessitates that parties accept the arbitrator's final decision, with no further recourse in the courts. d) Non-Binding Arbitration: Parties may opt for this clause where the arbitrator's decision is advisory, and they still have the choice to pursue litigation if unsatisfied. 4. South Carolina Arbitration Procedures: a) Appointing an Arbitrator: Parties can agree to a specific arbitrator or seek assistance from an arbitrator selection organization. b) Pre-Arbitration Procedures: Following the selection of an arbitrator, parties engage in preliminary processes, such as exchanging documents, conducting interviews, and potentially exploring settlement options. c) Arbitration Hearing: This phase involves presenting evidence, cross-examination, testimonies, and legal arguments, similar to a court trial but with simplified rules of procedure. d) Arbitration Decision: Once the hearing concludes, the arbitrator deliberates, reviews evidence, and ultimately delivers a decision, referred to as an arbitrator's award, settling the dispute. 5. Enforcement of Arbitration Awards in South Carolina: After the arbitration process concludes, it is essential to explore the enforceability of an arbitrator's award. South Carolina, consistent with federal law, allows parties to seek judicial confirmation of the award. Once confirmed, it carries the same weight as a final judgment, enabling effective enforcement. Conclusion: By embracing the process of submitting disputes to arbitration, parties involved in building construction projects in South Carolina can benefit from time efficiency, lower costs, and the expertise of arbitrators. Understanding the nuances, types of arbitration clauses, and the procedures involved ensures a smoother experience towards a resolution and underscores the importance of exploring arbitration as an effective dispute resolution mechanism.
