آليات تسوية منازعات العقود الهندسية :دراسة مقارنة

Abstract

This research discusses building and construction contracts (engineering contracts); the conflict causes in engineering contracts and alternate dispute resolution methods which is a modern and relevant topic that requires scientific research to establish its rules. This research aims to identify the role of the dispute resolution board, the consulting engineer, and arbitration, as a method, in resolving disputes arising from engineering contracts, as well as studying the provisions and rules of the engineering contracts In Islamic jurisprudence, Sudanese law and FIDIC contract. The research aims to identify the obligations of the parties to the dispute, as well as disputes arising between the engineering consultant and contractor, and the contractor and employer.The research problem was represented in the lack of a unified organization of FIDIC contracts in the Arab countries to manage recent requirements and developments in the construction sector. Althoughthe general rules in civil law have become incapable of facing these developments. The researcher followed the analytical approach,inductive, deductive and analytical approache, as well as comparative approaches. The researcher reached several results, the most important of which is that disputes and claims between the parties to the contract have many causes due to one of the contracting parties breached their obligations towards the other, or the presence of ambiguity in the terms of the contract or its possible formulation, and that arbitration in engineering disputes has many advantages that make it an alternative means for settling disputes. One of the most important of them is that the arbitrator has legal knowledge and technical expertise is appointedas an assisatant to the arbitrators to provide the effor and time, and the court facility to mitigate it. In addition there to that, there are arbitration obstacles in engineering disputes that limit resorting to it as a means to settle disputes; primarily lack of specialized and qualified arbitration centers to arbitrate commercial disputes in general and engineering disputes in particular. Based on the results, the research recommends the need to work on adopting FIDIC contracts in most of the projects carried out by public institutions in the country or of which the state is one of its parties, in addition to encouraging the parties to adopt the idea of FIDIC contracts, and referring the deficiency contained in the FIDIC texts regarding In the Dispute Resolution Council, as well as establishing a council to settle disputes arising from FIDIC contracts, as it is considered the best alternate dipute resolution methods.