Abstract

http://ssrn.com/abstract=2101310
 


 



Of 'Procedural Arbitrability': The Effect of Noncompliance with Contract Claims Procedures


Thomas Stipanowich


Pepperdine University School of Law

1989

South Carolina Law Review, Vol. 40, 1989

Abstract:     
This article is part of a symposium entitled “Construction Contract Issues.” In it, Professor Stipanowich surveys contemporary judicial attitudes regarding the effect of noncompliance with procedures for handling construction claims and controversies. It also analyzes the policies advanced in support of deferring questions of "procedural arbitrability" to arbitration and proposes a straightforward rationale for judicial disposition of such issues. Although the discussion emphasizes scenarios involving construction contracts, the principles addressed in this article are applicable to commercial arbitration agreements generally and may be extended by analogy to the labor sphere.

Number of Pages in PDF File: 36

Keywords: construction claims, procedural arbitrability, contract, agreement, commercial arbitration, dispute resolution, American Institute of Architects (AIA)

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Date posted: July 5, 2012  

Suggested Citation

Stipanowich, Thomas, Of 'Procedural Arbitrability': The Effect of Noncompliance with Contract Claims Procedures (1989). South Carolina Law Review, Vol. 40, 1989. Available at SSRN: http://ssrn.com/abstract=2101310

Contact Information

Thomas Stipanowich (Contact Author)
Pepperdine University School of Law ( email )
24255 Pacific Coast Highway
Malibu, CA 90263
United States
310-506-4655 (Phone)
310-506-4437 (Fax)
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