Arbitration in mechanical and electrical engineering

Abstract

An introduction to arbitration in engineering, for those unfamiliar with this means of determining all kinds of dispute: it is available provided that both parties are agreeable, and the awards are legally binding. The main purpose is to find a swift and just settlement, preferably in such a way that other social and commercial relationships are not soured. It is usual for the arbitrator to have some knowledge of the general subject, and of the law as it affects the matters in dispute. Most cases in engineering arise from standard conditions of contract and, if there is not mutual agreement, either party can apply to the President of the appropriate Institution to appoint an arbitrator, or he may be appointed by the Court, usually from the list of the Chartered Institute of Arbitrators. International cases where two countries are involved may be taken to a third, for example to Switzerland. These proceedings have the advantage of privacy and simplicity, and parties need not be represented by lawyers, although it is wise to take legal advice initially. Sometimes when the parties see their differences clearly set out, they may find it easier to agree to some settlement, and save the expense of a full hearing. The 1979 Act provides a procedure for the appeal of awards, and for the Court to act when one party has failed to comply.