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: Wisconsin Submission to Arbitration of Dispute between Building Construction Contractor and Owner: A Comprehensive Guide Introduction: In Wisconsin, when a dispute arises between a building construction contractor and an owner, submitting the case to arbitration can be an effective method to resolve disagreements amicably and efficiently. This comprehensive guide outlines the key aspects of the Wisconsin submission to arbitration process, ensuring both parties can navigate the procedure smoothly and understand their rights and responsibilities. 1. Overview of Wisconsin Arbitration: Arbitration is an alternative dispute resolution method that can be utilized instead of traditional litigation. It offers a cost-effective and time-saving way to resolve disputes through an impartial arbitrator or a panel of arbitrators. In Wisconsin, both the building construction contractor and owner can agree to submit their dispute to arbitration, thus avoiding litigation and potential court-related difficulties. 2. Types of Wisconsin Submission to Arbitration: There are two main types of Wisconsin submission to arbitration for resolving disputes between building construction contractors and owners: a. Voluntary Arbitration: This type of submission occurs when both parties voluntarily agree to pursue arbitration to resolve their disagreements. It typically involves signing a contractual agreement that specifies the rules, procedures, and authority of the arbitrator. Voluntary arbitration can expedite the resolution process while maintaining a cooperative atmosphere. b. Mandatory Arbitration: In certain circumstances, mandatory arbitration may be required by state or local laws, contractual provisions, or construction industry regulations. Non-compliance with mandatory arbitration can result in legal consequences. Parties should understand the grounds and conditions under which mandatory arbitration is invoked. 3. Key Considerations and Procedures: When submitting a dispute to arbitration in Wisconsin, both the building construction contractor and owner should consider the following: a. Pre-Arbitration Steps: Before initiating arbitration, parties must follow any contractual provisions, such as attempting mediation or negotiation, to resolve the dispute. Failure to fulfill these steps may impact the outcome of the arbitration process. b. Arbitration Agreement: Parties should outline their agreement to arbitrate in writing, including the scope of the dispute, selection of arbitrator(s), the chosen arbitration forum, applicable rules, and other essential details. This agreement is crucial for a legally binding arbitration process. c. Selection of Arbitrator(s): Parties usually have the freedom to choose an arbitrator jointly or from a pre-approved list. The arbitrator should possess expertise in construction law and have no conflicts of interest with either party. Proper due diligence should be exercised during the selection process. d. Arbitration Hearing: The arbitration process involves presenting evidence, witness testimonies, and legal arguments before the arbitrator(s). Both parties have the opportunity to present their case and respond to opposing claims. The decision rendered by the arbitrator(s) is legally binding, similar to a court judgment. e. Enforcement of Arbitration Decision: Once the arbitration decision (award) is issued, it becomes enforceable under Wisconsin law. Both parties must comply with the award, and if necessary, seek court assistance for enforcement or appeal, depending on the circumstances. Conclusion: Wisconsin submission to arbitration of disputes between building construction contractors and owners provides an efficient and legally binding mechanism for resolving disagreements. Understanding the different types of arbitration, key procedures, and adhering to contractual obligations are essential for a successful arbitration process. By pursuing arbitration, both parties can find a fair resolution while avoiding protracted litigation procedures.
