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

36 Pages Posted: 5 Jul 2012

See all articles by Thomas Stipanowich

Thomas Stipanowich

Pepperdine University Caruso School of Law

Date Written: 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.

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

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: https://ssrn.com/abstract=2101310

Thomas Stipanowich (Contact Author)

Pepperdine University Caruso School of Law ( email )

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Malibu, CA 90265
United States
310-506-4389 (Phone)
310-506-4437 (Fax)

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