Proposal to «time-bound arbitration bodies» to resolve disputes «Contracting»

The contractor and development consultant at the Contractors Association, Dr. Emad Al-Jamal, proposed the formation of “arbitration bodies” that are more like permanent bodies for resolving disputes in the contracting sector, through time-bound mechanisms in their functions, and the speed of issuing their decisions in the early stages of signing construction contracts in the country.

Al Jamal revealed to Emirates Today that the main problem facing most employers, engineers, contractors, subcontractors, and suppliers is currently resolving disputes arising during the implementation of their projects in an economical manner in terms of time and cost. The legal process that goes through the courts, arbitration, litigation, and other methods of dispute resolution has proved futile.

Quick mechanism

Al-Jamal, who is considered an expert, mediator and international arbitrator in the fields of disputes, believes that there is an urgent need for a speedy mechanism for resolving disputes, avoiding time-consuming negotiations in the formation of arbitral tribunals, finding a more effective approach, and a ready-made system that follows a fast, economical and routine .

“In the normal arbitration system, procedures are not implemented or initiated unless a new dispute arises, which results in huge costs and time wasting, for the completion and establishment of dispute resolution mechanisms, which have a negative impact not only on the parties concerned but also on Stability and development of the construction sector as a whole.

The camel suggested that all parties to the contracts agree on a specific time-bound mechanism during the tender or negotiation phase, so that before the award of the tender, sign it, or in conjunction with it, through the appointment of an arbitrator or arbitrators representing the parties to the contract, under the name of the Permanent Arbitration Committee, which meets Regularly or when invited during construction and maintenance phases, depending on the nature and difficulty of the project under implementation.

Conflict Resolution

“If it is known to all parties that conflicts will be resolved in a short time and effectively, this will inevitably contribute to the competitive prices and offers to the development and prosperity of the construction sector and its related industries through more efficient financing, Not to add any hidden expenses or exaggerated prices, in anticipation of unforeseen circumstances, and the ambiguity associated with some conflicts ».

Advantages and benefits

He considered that the time-bound arbitral tribunal has many advantages, such as monitoring, real evaluation of the development and progress of work during the construction phase, compared to the default and late evaluation after the completion of the work, as well as to reach the final, decisive and final solutions to disputes in case of conflict, and reduce the waste of time In normal litigation and arbitration proceedings, in addition to reducing costs and time lost in pursuing protracted disputes.

There were other advantages, such as reducing cash flow problems, as a result of holding large funds during long and costly conflict periods, reducing the burden on the judicial system, and the costs and time of managing specialized and engineering contractual disputes.

Responsibility of the Committee

He stressed that the Commission is responsible for analyzing, resolving and resolving disputes within 30 days of the date, or as agreed and decided by the arbitral tribunal, based on the importance and difficulty of the foreseeable dispute.

He pointed out that the concerned parties may refer their claims to the Commission one month before the date of its official meeting in order to give the Commission members sufficient time to study and verify the documents, claims and counterclaims of the parties.

He stressed that the “time-bound arbitral tribunal” should be established in the same manner and mechanism as in the establishment and implementation of model arbitral tribunals, and that the decision of the committee should be conclusive, final and binding on the parties, and that the case should not be referred to arbitration or other means of dispute resolution. Contract, and the parties agree.

Commission Selection

Dr. Imad Al-Jamal, contractor and development consultant at the Contractors Association, said that the members of the time-bound arbitral tribunal can be selected from institutional arbitrators' lists, either through local or international institutions, and a reserve list of arbitrators can be added to the original agreed list, to ensure the effectiveness Continued and expeditious function of the restricted arbitration, to overcome one of the expected problems, which were repeated, such as the resignation, exclusion, or death of any member or any other problems that may occur during the arbitration.