التحكيم الهندسي في فض نزاعات عقود المقاولات

الملخص AR

Generally, most of contracts & especially commercial contracts are being agreed upon and
executed with no difficulties to be mentioned, and in case of any difficulties appear in the
contracts, they are resolved by the parties after subjective and continuous discussion, but
contractual parties may not reach suitable agreement therefore disputes are raised and need to
be resolved.

Generally, there are four types to resolve disputes that may arise between
contractual parties: -Direct negotiation between contract parties, Resort to an alternative
solution such as mediation, conciliation & experience, Arbitration, Resolving disputes by
national courts.

There must be reference to some types of disputes that cannot be resolved
only by national courts as it may be related to political and legal aspects and state sovereignty
and the judicial system.

As any dispute arises from defining the responsible party for the
collapse of a standing building and causes damages or victims and lose of human lives that
cannot be judged by arbitration as only the national judicial system has the right to final
judgment in such matters related to criminal or Penal matters.

Statistics have shown that the
rate of disputes is increasing specially the international disputes and refer many of them for
arbitration.

To answers those two questions, it's important to understand the nature of
construction contracts firstly of legal aspects and secondly representing the methods of
resolving such disputes either by arbitration or judicial courts and the reasons behind the high
rate of such disputes especially on international level, thirdly studying arbitration as a method
of resolving disputes.

Theoretical study: knowledge of construction contracts.

Deductive study: the methods to resolve disputes by judicial system or engineering
arbitration.

Application studies: arbitration case