Desmond Cullimore is a professional engineer and a board-certified environmental engineer serving as a construction fellow at Bricker & Eckler LLP. He is currently a law student at Capital University Law School.
A case note discussing the procedure a disappointed contractor must follow to object to the selection of an arbitrator—and challenge the award on statutory grounds.
A contract with pre-dispute arbitration provisions provides the parties with a process to resolve their disputes before any disputes arise. If your contract contains such provisions, when a dispute arises you are bound to follow the process outlined in your contract.
Pre-dispute arbitration provisions in the 1997 edition of the standard American Institute of Architect’s A201 General Conditions of the Contract for Construction were involved in a recent decision of the Ohio Court of Appeals in Summit Construction Co. v. American Arbitration Association (CA No. 24765, 2010-Ohio-874, 9th Jud. Dist. March 10, 2010), a case involving a challenge to mediation and to the appointment of an arbitrator.