چکیده:
Arbitration has long been recognized as an effective method for dispute resolution in international contracts; however, this institution cannot meet contractual expectations in some contracts, such as international contracting agreements, given the highly technical nature of these contracts and the necessity of completing their subject matter within a specified period. Therefore, international organizations and institutions active in the field of international contracting agreements, such as the International Federation of Consulting Engineers since 1957, have proposed contract templates to practitioners in this field in which the resolution of potential disputes between employers and contractors is predicted through quasi-arbitration institutions. Two important features of these institutions are: first, that the persons tasked with resolving disputes are essentially engineers or specialists in the field of the contract in question, and second, that the decisions of these persons are enforceable, although it is possible to appeal their decisions in an arbitration court or arbitration tribunals. In this research, after a brief introduction to quasi-arbitration institutions, we proceed to distinguish them from arbitration institutions and examine the effects of clauses referring to quasi-arbitration methods on the parties' right to refer to arbitration.
خلاصه ماشینی:
2-1 - Binding interim solutions For more than half a century, in contracts concluded in the field of international construction, the intervention of a third party is anticipated in the pre-arbitral stage to resolve disputes that may arise between the contractor and the employer [1, p.
The ICC pre-arbitral interim measures rules consist of 7 articles which, in addition to stating the powers of the third party as described above, include definitions, the request for and response to recourse to the rules, appointment of the third party, referral of the case to them and rejection of the third party, the procedure for issuing interim and precautionary orders, the interim order and its conditions and effects, and costs and the sample clause for referring the matter to the International Chamber of Commerce.
-- Article 67 (f) of the General Conditions of the FIDIC Model Contract for Urban Engineering Works 1996 (Red Book), which authorizes the dispute resolution committee to take action to issue interim and precautionary orders in a pre-arbitral stage, in addition to resolving disputes arising from the contract [3, pp.
4-1- Conditions for referral to arbitration despite the existence of a clause containing binding interim measures Given the similar roles that the consulting engineer and the dispute resolution committee play in international construction contracts for resolving disputes arising from the contract in the pre-arbitration stage, the cases that are exceptions to the principle of necessity to refer to these institutions before referring to arbitration are also the same for both institutions.
(
, 
, 
)
