Arbitrator's Report
Arbitration opinions by technical experts resolve disagreements in the field of “machinery, mechanical engineering and industrial plants” in a legally binding manner.
Legally binding clarification: fast and cost-effective!
In order to clarify different points of view with the resulting (legal) consequences efficiently and effectively, the legislator has created the arbitrator's expert opinion.
Overview
Arbitrator's opinion in technical disputes
With different views in the field of machinery, mechanical engineering and industrial equipment is achieved:
- legally binding clarification of the disputed technical issues.
Clients are commercial and industrial enterprises.
Efficient resolution of disputed (technical) issues
There is very often an emotional debate between parties about which party is responsible for a (technical) issue. In most cases, lawyers are involved at an early stage and the issue is transferred from the technical and emotional level to the legal level. There is nothing wrong with that. However, the actual issues are often pushed into the background. After a usually long legal dispute, it may be clarified which party is responsible for the “technical breach”. Almost always, there is then also a “breach” of the business relationship.
Arbitration report on machines: aim and process
Many legal disputes are not about legal disagreements at all. The dispute is over actual (technical) issues. Misdirected legal conflicts cause economic as well as social damage that is not matched by any benefits. For this reason, the legislator has created an efficient and cost-effective way of achieving legal certainty in the form of arbitration opinions.
An arbitrator’s award is the opinion of an independent, impartial and expert third party on a matter in dispute between the parties. The parties receive a legally binding clarification of their dispute that arose during the execution of the contract and avoid going to court. The arbitrator’s report is therefore legally binding. If a court is nevertheless called upon at a later date, it shall be bound by the findings of fact made in the arbitrator’s report, unless the report turns out to be fundamentally incorrect.
Essential aspects / advantages in the case of disputed issues against a technical background
Real and technical issues are at the heart of much litigation, particularly in complex industries such as engineering and related technical fields. These conflicts often revolve around the interpretation of technical facts as well as primarily technical aspects.
Here are the main points and advantages of the arbitration opinion:
1. independence and expertise: the arbitrator is independent and has the necessary expertise to assess technical or factual issues. This ensures that the decision is based on sound technical knowledge. In particular, lawyers and attorneys or the attorneys of the involved parties often argue that an arbitrator’s report from engineers / experts / appraisers carries a potential risk. Behind this, however, is often only the “concern” of these lawyers that the actual technical problem will be solved – quickly – without any lawyers at all.
2. legally binding: the process leads to a legally binding decision that must be accepted by the parties. This provides a clear resolution to the dispute and may avoid the need for litigation.
3. avoidance of court proceedings: Since the arbitration award provides a legally binding solution, the parties are not forced to go to court to resolve their dispute. This not only saves time and money, but also creates capacities for the actual goals of the companies involved.
4) Binding result: If a court case does arise later, it is bound by the results of the arbitrator’s report, provided that the report does not prove to be fundamentally incorrect. This promotes legal certainty and can speed up the process in court.
In summary, it can be said that the arbitrator’s expert opinion is an extremely important alternative to the traditional court dispute, especially in cases where technical issues are at the forefront. It offers parties the opportunity to resolve conflicts efficiently and cost-effectively, thereby avoiding economic and social damage. The legally binding decisions of the arbitrator contribute to legal certainty and can help to avoid lengthy court proceedings.
Recommendation:
Have disputes and differences of opinion with a technical background clarified precisely at this level in a cost-effective and legally binding manner by experts who are familiar with the subject matter. This saves time, usually a legal dispute, preserves the business relationship(s) and provides legal certainty.