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: Oregon Submission to Arbitration of Dispute between Building Construction Contractor and Owner Keywords: Oregon, submission, arbitration, dispute, building construction, contractor, owner Introduction: In the state of Oregon, when a dispute arises between a building construction contractor and an owner, the option of submitting the matter to arbitration provides an effective and alternative method of resolving conflicts. Arbitration is a commonly used method to amicably settle disagreements outside the formal court system. This article explores the detailed process and different types of Oregon submissions to arbitration available to contractors and owners. 1. Definition of Arbitration: Arbitration refers to a formal means of resolving disputes extra judicially, where a neutral third party, known as an arbitrator, is appointed to hear and decide on the matter. Both parties voluntarily agree to abide by the arbitrator's decision, which typically provides a final resolution to the dispute. An Oregon submission to arbitration entails the contractor and owner opting for this alternative dispute resolution mechanism instead of pursuing costly and time-consuming litigation. 2. Mandatory Arbitration: In some cases, Oregon law or contractual agreements may require mandatory arbitration when disputes arise between building construction contractors and owners. This means that both parties are legally obligated to submit their dispute to arbitration, rather than proceeding directly to litigation. Mandatory arbitration ensures a more efficient and streamlined resolution process, often with reduced costs and a faster resolution timeframe. 3. Voluntary Arbitration: Voluntary arbitration occurs when both parties willingly agree to submit their dispute to arbitration, either via contractual agreement or after a dispute arises. This type of arbitration is a flexible and collaborative alternative, allowing contractors and owners to tailor the process to meet their specific needs. Voluntary arbitration is commonly sought due to its efficiency, cost-effectiveness, and avoidance of the potential adversarial nature of litigation. 4. Arbitration Agreement: When engaging in construction contracts, it is advisable for contractors and owners to include arbitration clauses within their agreements. An arbitration agreement outlines the terms and conditions of submitting a dispute to arbitration, including the chosen arbitration rules, selection of arbitrators, venue, and the process for initiating arbitration. By incorporating these clauses, parties ensure that arbitration becomes the default method for dispute resolution, reducing uncertainties and promoting a more peaceful contractual relationship. 5. Arbitration Process: Once a dispute arises, the parties must follow the agreed-upon arbitration process. The specific steps may vary depending on the selected arbitration rules or agreed-upon procedures. Typically, the process involves submitting a demand for arbitration, selecting an arbitrator or arbitration panel, disclosing evidence and documents, conducting hearings, presenting witnesses and experts, and ultimately receiving a binding decision. Conclusion: In Oregon, submission to arbitration offers a valuable alternative to resolve disputes between building construction contractors and owners. Whether through mandatory or voluntary arbitration, parties can avoid the adversarial nature of litigation, reduce costs, and achieve faster resolutions. By carefully crafting arbitration agreements within construction contracts, both contractors and owners can establish a framework for more efficient and effective dispute resolution that promotes harmonious working relationships.
