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: Alabama Submission to Arbitration of Dispute between Building Construction Contractor and Owner Keywords: Alabama, submission to arbitration, dispute resolution, building construction, contractor, owner Introduction: Alabama law provides a comprehensive framework for the submission to arbitration of disputes between building construction contractors and owners. This process offers an alternative solution to costly and time-consuming litigation, allowing parties to resolve their disputes in a quicker and more efficient manner. Types of Alabama Submissions to Arbitration: 1. Voluntary Submission to Arbitration: In Alabama, building construction contractors and owners have the option to voluntarily agree to submit their disputes to arbitration. Through voluntary submission, both parties agree to resolve their differences outside of court and abide by the decision of the arbitrator. 2. Mandatory Submission to Arbitration: Under certain circumstances, Alabama law may require mandatory submission of disputes to arbitration. For instance, if the contract between the contractor and owner includes an arbitration clause, the parties are obligated to engage in arbitration proceedings before pursuing litigation. Arbitration Process in Alabama: 1. Selection of Arbitrator: The contractor and owner can mutually agree on an arbitrator or choose one from a list of approved arbitrators provided by a recognized arbitration association. The selected arbitrator should possess the necessary expertise in construction law and arbitration procedures. 2. Notice of Intent to Arbitrate: The party intending to initiate arbitration must provide a written notice to the other party, expressing their intention to resolve the dispute through arbitration. This notice should outline the issues in dispute and propose the appointment of an arbitrator. 3. Arbitration Hearing: Once both parties have agreed on an arbitrator, a hearing is scheduled where each party presents their case. The arbitrator acts as a neutral adjudicator, hears both sides, evaluates evidence, and renders a decision. 4. Binding Decision: The arbitrator's decision, called an arbitral award, is final and binding on both the contractor and owner, similar to a court judgment. This decision is enforceable through the courts, further promoting compliance and timely resolution. Benefits of Alabama Submission to Arbitration: 1. Cost-Effective Resolution: Arbitration typically saves parties significant costs that are associated with the lengthy litigation process, such as attorney fees, court fees, and administrative expenses. 2. Speedy Resolution: The arbitration process is generally faster compared to court litigation. Parties can bypass the crowded court dockets, resulting in a more expedited resolution of their dispute. 3. Expertise and Privacy: Through arbitration, parties have the opportunity to select an arbitrator with specialized knowledge in construction law. Moreover, arbitration proceedings are confidential, protecting sensitive business information from public disclosure. Conclusion: Alabama's submission to arbitration of disputes between building construction contractors and owners offers an efficient and cost-effective alternative to litigation. Whether voluntarily agreed upon or mandated by contract, arbitration provides a streamlined resolution process that helps parties move forward while maintaining the quality of their ongoing business relationships.
