المشكلات الاجرائية والموضوعية التي تعيق عملية التحكيم الهندسي في السودان

Elkhider Badreldin Elkider Mohamed, Salma Mahmoud Mohamed Yahia, Abobakr Empely

Abstract


he construction sector in Sudan has witnessed an increase in the volume of financial investments in parallel with the emergence of various construction companies. This in turn led to the adoption of non-typical contractual forms to meet the need and nature of these projects. With the different contractual forms, came into view many problems related to
drafting and how to address the rights and responsibilities related to the contract. Consequently, some disputes arose between the parties of the construction project. as a result of conflicts of interest. Despite having various dispute resolution mechanisms, as discussed in previous studies, arbitration is thought to be the most appropriate option to be
used.ً
This study aimed to address the process of engineering arbitration as practiced in Sudan where aًsurvey was conducted to identify the procedural problems that impede it. It was also possible to assess the level of awareness of engineers regarding some legal aspects related to construction projects and gauge the extent to which they comprehend the basis of engineering arbitration. The study has also tested the relationship and impact of contract drafting and disputes
arousal.
The research was able to assess the level of awareness of engineers regarding the legal aspects related to construction
projects and the extent of their relevance to the concept and basis of engineering arbitration.
The results showed a low level of awareness of engineers in the legal aspects in general and the basis of engineering arbitration in particular. The results showed a lack of familiarity with the procedural laws. It was also clear that the contract parties avoid mentioning the arbitration clause in many contracts to avoid the costs of the arbitration process

Keywords


التشييد;فض النزاعات; صياغة العقود; التحكيم الهندسي

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