Arbitration is an alternative way of resolving conflicts and disputes out of court, by way of adjudication by an arbitrator. By its very nature, the arbitration procedure, is characterized by less formal ongoing legal proceedings characterized in courts.

In order that such a subject be discussed in the presence of an arbitrator both parties must reach an agreement in writing. This consent can be reached before a dispute broke out between the parties by including an arbitration clause in the contract or according to a late agreement - at the outbreak of the conflict.

The arbitration procedure ends when ruling is given and submitted to the approval of court. Arbitrator's ruling which has been approved by court is considered as a court's ruling, and is enforceable through execution office.

As opposed to the practice legal procedure in courts, arbitration procedure is flexible not only in adapting the dates of hearings, but also in relation to the arbitration procedure and in the way of submitting evidence and their acceptance. In light of the foregoing, the arbitration procedure particularly suitable to parties who are interested to manage the process of clarifying their dispute discreetly, conveniently and without being subject to the regulations of Procedure and Evidence law.

For example, the decision to build a building is considered complex, due to the large number of professional people involved in decision-making. During construction there are often disputes between the parties, and there are cases where arguments switch from public space and come to court. Engineering Arbitration is a solution for that - Appointment of a professional arbitrator receiving the decision based on the hearing of testimony from both sides.

What is Engineering Arbitration?

When we deal with engineering project, procurement of engineering equipment, testing of any goods and more, this is not a simple situation, especially since a variety of professional people, each with different opinions, are involved. Sometimes it can be formed when the project manager wants to promote the project and to prevent conflicts with the contractor. Therefore, the head of the project appoints for this purpose an expert and qualified person acceptable on both parties. Sometimes disputes between the parties could come to court. Arbitration Tribunal was established to encourage resolving disputes out of court, for the reasons mentioned above.

 The Arbitrator

The role of the arbitrator is to try to reach common ground by reducing differences and finding a suitable solution for both sides. As part of the arbitration procedure the arguments of both sides are heard and examined in a professional manner by the arbitrator considered as a third party, whose role is to resolve the conflict. The arbitrator/engineer is obliged to introduce reasons for his decision, so that both sides will not worry about the possibility that either party interfered in the process.

Engineer and Advocate Adi A. Atsits has more than 25 years of experience in engineering issues in various fields. The fact that he is an engineer and attorney is significant advantage as an arbitrator in treating engineering and technical disputes in an intelligent, focused, effective and efficient manner.