Fair arbitration: friendly composer -ex aequo et bono or technical arbitration, what should be the applicable option for engineering and construction contracts?

Abstract

There is an erroneous understanding in the country that any arbitration of equity, including in disputes arising from engineering and construction contracts, the arbitral tribunal shall issue the award conscientiously, to known truth and good faith kept. It turns out that the Law of Mediation and Arbitration, raises two specific assumptions and hence the inadequate application of the law. In practice, in various construction equity arbitration disputes, the obligation to appoint professional and technical arbitrators to deal with the complexity of construction contracts is omitted and in addition, a set of regulations and regulations that are mandatory for a tribunal made up of technicians and professionals is omitted.  In this paper he analyzes this problem and contributes to the better understanding of what is foreseen in the law as an obligation of the arbitral tribunal made up of professionals and technicians.