Due to its dynamism, the construction industry requires agile, efficient and specialized solutions. Arbitration and mediation, due to their general characteristics and advantages: agility, specialization, flexibility, confidentiality, are the appropriate mechanisms that can respond effectively to the needs of conflict resolution in this sector.
For this purpose, the Universidad Espiritu Santo UEES and the Guayaquil Chamber of Construction (CCG) signed a strategic alliance in recent days with the objective of providing the services of the UEES Arbitration and Mediation Center to the Chamber's affiliates and those related to the construction industry.
This strategic alliance will allow the creation of specialized arbitration rules and procedures in the construction field, among which we can highlight the training and specialization of arbitrators. Arbitrators appointed to resolve a construction dispute require the necessary qualifications, knowledge and experience to ensure the development of a good arbitration.
The subject matter of the dispute is another relevant aspect in the application of arbitration in the construction field. In order to identify the type of conflict and its solution alternatives through arbitration, it is necessary to know the nature and conditions of the construction contract and the people who are directly or indirectly related to it: the interested parties, lawyers, engineers and architects, suppliers, among others.
The particularities of the contract, the characteristics and the issues involved in the construction dispute will determine the type of arbitration (law or equity), procedure and time limits, as well as the profile and requirements to be met by the arbitrators and their selection. The technical content of construction disputes requires the participation of arbitrators and experts who are not only familiar with the rules of law but also with the technical rules of construction, thus ensuring the success of the arbitration.
Through this strategic alliance, UEES and the CCG will carry out academic activities, study, research, promotion and dissemination of alternative dispute resolution methods in relation to the field of construction, in order to create adequate and specialized procedures in this field.
