شروط التحكيم في عقود البناء والتشييد: دراسة مقارنة

Abstract

This study tackled the stipulations of arbitration of the building and construction contracts ,as I was already well acquainted with the important role of this topic on two levels :the legal and engineering levels ,on the consideration that they are the most important topics due to the novelty of this contract ,and the rapid development which the world is witnessing in the field of building and construction . Based on this importance ,I thought that the basic means for the resolution of the various arising disputes in the buildings and construction contracts is in need of an effective tool to face any shortcoming which might appear in these contracts . Likewise ,the arbitrator should be fully familiarized with the legal and engineering matters so as to facilitate the investigation between the national and domestic interests which require the resolution of the disputes .Due to the multiplicity of the contractual relations in the contract of building and construction ,I thought that arbitration is the effective means for the resolution of these disputes which makes it possible to dispense with the resort to the justice and to avoid the negatives of the litigation and its complications .Moreover ,the legal provisions alone do not suffice to solve these disputes . Therefore it is incumbent to set forth terms and conditions for the resolution of these disputes through arbitration . Basically this study aimed through the adoption of the comparative /historical method to investigate the laws which regulate the process of building and its defects ,the provisions in respect of the engineer ,contractor and the employer ,and enlightens with the issues of arbitration concerning the building and construction contracts ,to benefit from the element of time in addressing the disputes which arise ,for the sake of the implementation of the great projects which do tolerate the delay ,and to arrive at results ,and that arbitration represents the best option for the resolution of the disputes of the contracts of building and construction . The study also reached to findings;that the importance of the investigation of the building and construction contracts in a legal and scientific manner will help in boosting the wheel of the economic and commercial progress on the technical level. Lastly, among the most important recommendations of the study is the necessity of the resolution of the disputes in the building contracts through arbitration because it is distinguished with important characteristics which help in coping with the speedy development in the building and construction contracts ,and to establish specialized centers of arbitration to be constituted from engineers and legists to decide in the disputes of the engineering character in accordance with the Arbitration Act ,2016,and to pay attention to the studying of the Fedek contracts and their dissemination through educative courses