The nature of the engineering arbitrator (comparative study)

Abstract

In this research, we discussed the nature of the engineering arbitrator in a comparative manner between Iraqi and Iranian law, as it is widely used as one of the methods for determining and settling engineering disputes.

     It should be said that engineering arbitration in Iraq is not unique to its own law, but one can refer to the amended Law of Civil Procedure No. 83 of 1969 - Chapter Two in Articles (251-276). It has been dealt with in Iranian law in the Civil Procedure Code of 1379 Shamsi in Articles (454). - 501).

     Arbitration comes from a linguistic source, but in terminology it is a procedure used to resolve disputes that arise in engineering projects..

The arbitrator performs multiple tasks in engineering arbitration, including estimating engineering damages and determining their cause, as well as assessing the extent of damages and searching for solutions, as well as verifying compliance with engineering standards and regulations and providing proof to official bodies, courts, conflicting parties, or professional bodies, and that opponents have guarantees in confronting him, including the right to obtain information and the right to Comment, pleading, the right to present witnesses and evidence, and the right to appeal.

       An engineering arbitrator is a person who resolves disputes that arise in engineering projects. It may be necessary to employ an independent engineering expert to assess and resolve disputes related to the design, implementation, or evaluation of engineering projects. He is usually appointed when there is a dispute between the contracting parties over specific technical or engineering issues that cannot be resolved by traditional methods.