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.
Aim and procedure of an arbitrator's award
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 arising 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.
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.