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.
Michigan Submission to Arbitration of Dispute between Building Construction Contractor and Owner is a legal process used for resolving conflicts and disputes that may arise between a building construction contractor and the owner of the project. This method of dispute resolution involves referring the matter to a neutral third party, known as an arbitrator, who will analyze the facts, evidence, and arguments presented by both parties and render a binding decision to settle the dispute. In Michigan, there are two primary types of submissions to arbitration for building construction disputes between contractors and owners. These include: 1. Voluntary Arbitration: Voluntary arbitration occurs when both the building construction contractor and the owner agree to submit their dispute to arbitration willingly. This agreement is typically included in the initial construction contract or later through a separate arbitration agreement. Both parties voluntarily choose the arbitrator who will oversee the proceedings and the rules that will govern the arbitration process. 2. Mandatory Arbitration: Mandatory arbitration, on the other hand, arises when the building construction contract explicitly includes a binding arbitration clause. This clause requires the parties to resolve their disputes through arbitration rather than pursuing litigation in court. In this case, the specific details regarding the appointment of an arbitrator and the arbitration rules are usually predetermined in the contract itself. Regardless of the type of submission to arbitration chosen, the process typically involves the following steps: 1. Filing the Submission: The party initiating arbitration, either the contractor or the owner, files a submission with the designated arbitration authority or institution as agreed upon in the contract. This submission outlines the nature of the dispute, the relief sought, and any relevant supporting documentation. 2. Appointment of Arbitrator: As per the agreed-upon arbitration rules or guidelines, an arbitrator is appointed. The parties may choose a single arbitrator or a panel of arbitrators, depending on the complexity and value of the dispute, as well as any contractual requirements. 3. Exchange of Statements and Evidence: The contractor and owner present written statements, supporting evidence, and relevant documents to the arbitrator(s) and the opposing party. This allows both sides to present their case and refute any claims made against them. 4. Hearing and Deliberation: A formal hearing is scheduled where both parties present their arguments, call witnesses, and cross-examine each other. The arbitrator(s) evaluate the evidence, listen to testimonies, and consider the legal and contractual provisions before reaching a final decision. 5. Award and Enforcement: After careful consideration, the arbitrator(s) issue a written decision, known as an award, which outlines their findings and the resolution of the dispute. This award is binding upon both parties and enforceable under Michigan law. Michigan Submission to Arbitration of Dispute between Building Construction Contractor and Owner provides an alternative to traditional litigation, allowing for a more expedient resolution, cost-effectiveness, and confidentiality. By utilizing arbitration, the parties involved can obtain a fair and impartial decision that aims to resolve their conflicts in a timely and efficient manner.
