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Arbitration is the out-of-court resolution of a disagreement between to parties, such as Claimant and Respondent, decided by an impartial third party, the arbitrator. The arbitrators are normally are former attorneys or judges that familiar with a picticular type of action. Thus, no judge, no jury, no courtroom. But, its faster resolution, lower cost, and binding decision often make arbitration a great decision for small business clients, and most important thing, arbitration are very private.
Arbitration provisions are often written into commercial contracts, when a conflict has occurred, and the parties will use arbitration to resolve their issue. The contract language has to be clear that both parties agree to arbitration and follow the rules. The American Arbitration Association provides templates that can be added to contracts.
Arbitration speed and timeline is a prime reason small business build arbitration into contracts. American Bar Association research suggests that average arbitration cases take about seven months, while average litigation can take 12 more months, depending on court schedules. Mistry Law can act as a construction arbitration lawyer in DC.
The cost savings in arbitration vs litigation, arbitration wins. Depending on the type of litigation, motion cost, and other legal research cost can add up quickly in local courts. Arbitration means limited discovery and the lack of pre-trial depositions, documentation authentication, and qualification of experts.
Unlike litigation, the arbitration process allows for a more amicable with less anguish and hostility. The arbitrator can allow for structure discussions and allow for business to operate together unlike litigation. Mistry Law is an arbitration attorney Washington DC
A strong benefit of arbitration is that the hearing takes place privately. There’s no public court record filed. This helps your small business clients protect their trade secrets that is foundational to their business. Privacy is important; however, confidentiality is determined by the laws and rules of the location of arbitration.
Arbitration agreements are recognized and enforced under the District of Columbia Uniform Arbitration Act, codified in Title 16 of the District of Columbia Code.
Under District of Columbia Code § 16-4406, a written agreement to arbitrate present or future disputes is valid, enforceable, and generally irrevocable, except where traditional contract defenses such as fraud, duress, or unconscionability would apply.
This means that when parties include an arbitration clause in a construction contract, courts will typically enforce that clause and require the parties to resolve their dispute through arbitration.
When a party refuses to arbitrate despite a contractual arbitration clause, the other party may request judicial intervention.
Under District of Columbia Code § 16-4407, a court may issue an order requiring the parties to proceed with arbitration if it determines that a valid arbitration agreement exists and the dispute falls within its scope.
Once an arbitration award is issued, a party may request that a court confirm the award.
Under District of Columbia Code § 16-4422, the court must confirm the award and convert it into an enforceable judgment unless the award is modified, corrected, or vacated under limited statutory circumstances.
Once confirmed, the award has the same legal effect as a court judgment and may be enforced accordingly.
If you are involved in a construction dispute subject to arbitration, mediation or considering whether to enforce an arbitration clause in a construction contract, Mistry Law, PLLC can assist in evaluating your rights and available legal options.
Mistry Law has been a construction arbitration lawyer in DC. We represent clients in construction contract disputes, arbitration proceedings, and related litigation throughout Washington, D.C. Mistry Law has served as a contractor dispute lawyer in Washington, D.C.
Contact Mistry Law, PLLC to schedule a consultation.
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