Legal Definitions - non submissit

Non Submissit

This Latin phrase translates to "he did not submit." In a legal context, non submissit is a defense used by a party who is being asked to comply with an arbitration award. It means that the defendant denies ever having formally agreed to participate in the arbitration process, or denies that they submitted to the authority of the arbitrator. Essentially, they are claiming that because they did not consent to or participate in the arbitration, any award resulting from it should not be legally binding on them.

• Example 1: Business Contract Dispute

  Imagine two companies, "Tech Solutions Inc." and "Global Gadgets LLC," have a contract that includes a clause stating disputes will be resolved through arbitration. A disagreement arises, and Tech Solutions initiates arbitration, leading to an award in its favor. When Tech Solutions tries to enforce this award in court, Global Gadgets might raise the defense of non submissit, arguing that while a general arbitration clause existed, they never formally agreed to *this specific arbitration proceeding* or to the particular arbitrator chosen, or that the arbitration went beyond the scope they agreed to.

  This illustrates non submissit because Global Gadgets is denying that they ever properly submitted to the arbitration process that produced the award, thereby challenging its validity against them.

• Example 2: Professional Services Agreement

  Consider a client who hired an architect for a building project. A dispute over fees arises, and the architect unilaterally proceeds to arbitration, securing an award for unpaid services. The client, upon being presented with the award, might assert non submissit. They could argue that while they discussed the fee dispute, they never signed an agreement to arbitrate, nor did they participate in any formal arbitration proceedings, thus denying their submission to the process that led to the award.

  Here, the client uses non submissit to claim they never formally agreed to or engaged in the arbitration, making the award unenforceable against them.

• Example 3: Informal vs. Formal Dispute Resolution

  Suppose two friends, Maria and David, have a disagreement over a joint venture. They decide to ask a mutual acquaintance, a retired judge, to help them resolve it. The acquaintance offers a recommendation, which Maria considers a binding arbitration award. When Maria tries to enforce this recommendation, David might invoke non submissit. He could argue that he viewed the process as informal mediation or a non-binding opinion, and never formally agreed to submit to the acquaintance's decision as a binding arbitration award.

  David's use of non submissit highlights his denial of having formally agreed to be bound by the arbitration process, distinguishing it from a casual attempt at resolution.