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.
Utah Submission to Arbitration of Dispute between Building Construction Contractor and Owner In Utah, the submission to arbitration of a dispute between a building construction contractor and owner provides an alternative method for resolving construction-related conflicts outside the traditional court system. Arbitration is a legally binding process where an impartial third party, known as the arbitrator, is appointed to listen to both sides of the dispute and make a final decision. This type of dispute resolution is governed by the Utah Uniform Arbitration Act (UAA), which outlines the rules and procedures for arbitration in the state. It is essential for both the contractor and owner to understand the various aspects of Utah submission to arbitration to ensure a fair resolution. Two primary types of submission to arbitration exist within the Utah construction industry: 1. Voluntary submission to arbitration: This occurs when both the contractor and owner voluntarily agree to resolve their disputes through arbitration. It may be included in the original contract or agreed to after a conflict arises. Voluntary submission to arbitration allows the parties to have greater control over the process, including selecting their arbitrator and defining the rules that will govern arbitration. 2. Mandatory submission to arbitration: In some cases, the submission to arbitration may be mandatory as specified in the construction contract. This means that any disputes arising from the contract must be submitted to arbitration, and the parties are legally bound by the arbitrator's decision. Mandatory submission to arbitration is typically included in contracts to bypass the potentially lengthy and costly court system in favor of a more efficient dispute resolution method. Submitting a dispute to arbitration in Utah involves several key steps: 1. Initiation: The party wishing to initiate arbitration, either the contractor or owner, must provide a written notice to the other party expressing their intent to arbitrate the dispute. This notice should include a clear and concise description of the conflict. 2. Selection of arbitrator: The parties may agree upon a mutually acceptable arbitrator, or in cases where no agreement is reached, they may seek assistance from an arbitration service provider, such as the American Arbitration Association (AAA), to appoint a qualified arbitrator. The arbitrator should be impartial and possess expertise in construction law. 3. Arbitration proceedings: Once the arbitrator is appointed, a date for the arbitration hearing is set. During the proceedings, both the contractor and owner will have an opportunity to present their case, provide evidence, call witnesses, and cross-examine opposing witnesses. The arbitrator will carefully consider all evidence before reaching a final decision. 4. Arbitration decision: The arbitrator's decision, also known as the award, is generally binding and enforceable in court. It is essential to carefully review the arbitration agreement regarding any limitations on appeal rights, as the grounds for overturning an award are typically limited. By opting for Utah submission to arbitration, both building construction contractors and owners can potentially save time, costs, and preserve business relationships. It is advisable to consult with legal professionals experienced in construction law to ensure compliance with applicable rules and regulations throughout the arbitration process.
