The engineering and construction sectors across the Middle East, Africa, and globally have evolved at an unprecedented pace. Mega-projects in energy, infrastructure, transportation, industrial facilities, and real estate developments involve increasingly sophisticated technologies, complex contractual structures, and highly technical execution requirements. With this rise in complexity comes a corresponding escalation in disputes that are not merely contractual but deeply technical in nature.
Traditional commercial arbitration or litigation often falls short in such cases. Judges and non-specialist arbitrators may not fully understand:
- Engineering design processes
- Technical documentation
- Critical path scheduling
- Mechanical and electrical system integration
- Geotechnical uncertainties
- Construction methodologies
- Performance testing standards
This gap can lead to misinterpretation, delays, or unjust outcomes.
As a result, engineering arbitration has emerged as the preferred mechanism for resolving technical disputes.
LEXARB stands at the forefront as a dedicated engineering arbitration firm, uniquely positioned to handle disputes where engineering expertise is just as critical as legal knowledge.
What Is Engineering Arbitration and Why Is It Different?
Engineering arbitration is a specialized form of dispute resolution focused on disputes arising from:
- Engineering design
- Construction execution
- Technical specifications
- Performance failures
- Delays and scheduling issues
- Quality control and testing procedures
Unlike general commercial arbitration, engineering arbitration:
- Relies on arbitrators with engineering or technical backgrounds
- Requires deep analysis of technical evidence, drawings, schedules, and reports
- Blends legal reasoning with scientific and engineering principles
- Demands familiarity with standard engineering contracts, especially FIDIC
In many disputes, the core question is not “What does the contract say?” but rather:
“Was the engineering design, method, or performance compliant with technical standards?”
Only a specialized tribunal can answer such questions effectively.
Why Companies Need a Dedicated Engineering Arbitration Firm Like LEXARB
- Technical Complexity of Modern Projects
Disputes often stem from:
- Structural failures
- Mechanical breakdowns
- Electrical system inconsistencies
- Conflicting technical instructions
- Soil instability or geotechnical surprises
- Incomplete or inaccurate drawings
- Design errors or omissions
These issues demand evaluators who understand the scientific concepts behind the disagreement—not just the contractual text.
LEXARB’s arbitration teams combine legal strategists with engineering professionals capable of understanding these intricacies.
- Increasing Use of FIDIC and International Standards
Most major projects in the region rely on FIDIC-based contracts.
LEXARB brings extensive knowledge of:
- FIDIC Red, Yellow, Silver, and Gold Books
- Engineer’s determinations
- Variation procedures
- EOT claims
- Testing and commissioning obligations
- Defects liability provisions
This expertise is vital because FIDIC disputes are overwhelmingly technical.
- High Stakes Associated with Delays and Technical Failures
A delay in a power plant, metro line, refinery, airport terminal, or data center can cost millions per day.
Companies facing these disputes need arbitrators who can:
- Interpret scheduling analyses
- Understand baseline vs. impacted programs
- Evaluate disruption and prolongation costs
- Distinguish contractor delay from employer-caused delays
LEXARB’s engineering arbitration solutions provide this clarity.
- The Need for Faster, More Accurate Dispute Resolution
Engineering arbitration is typically:
- Faster than court litigation
- More cost-effective than prolonged disputes
- Confidential
- Tailored to parties’ technical needs
LEXARB focuses on streamlining the process without compromising credibility.
LEXARB’s Role as a Dedicated Engineering Arbitration Firm
- Full Management of Engineering Arbitration Proceedings
LEXARB handles all aspects of the arbitration process:
- Drafting arbitration agreements
- Initiating or responding to arbitration notices
- Selecting qualified engineering arbitrators
- Preparing legal and technical submissions
- Managing expert witnesses
- Conducting cross-examinations
- Presenting technical evidence clearly and persuasively
- Multidisciplinary Capabilities
LEXARB assembles specialized teams including:
- Civil engineers
- Structural engineers
- Mechanical engineers
- Electrical experts
- Delay and scheduling analysts
- Quantity surveyors
- Technical auditors
This is essential because engineering arbitration requires a full-spectrum understanding of project execution.
- Multilingual Expertise
We conduct arbitrations in:
- English
- Arabic
- French
- Russian
This is crucial for international projects involving contractors, consultants, and suppliers from multiple jurisdictions.
- Experience Across Leading Arbitration Centers
LEXARB represents clients before:
- SCCA (Saudi Center for Commercial Arbitration)
- DIAC (Dubai International Arbitration Centre)
- CRCICA (Cairo Regional Centre for International Commercial Arbitration)
- ICC Paris
- LCIA London
- Ad-hoc tribunals using UNCITRAL rules
Our experience ensures familiarity with procedural rules and best practices.
Types of Technical Disputes Handled in Engineering Arbitration
- Delay and Disruption Claims
Involving:
- Critical path analyses
- Float erosion
- Unsupported acceleration directives
- Late approvals of shop drawings
- Access restrictions
- Engineering Quality and Defects
Examples include:
- Concrete defects
- Structural cracking
- Reinforcement misplacement
- Water leakage
- MEP failures
- Non-compliant materials
- Design-Related Disputes
Including:
- Faulty design
- Conflicting drawings
- Insufficient specifications
- Design coordination failures
- MEP and Complex System Disputes
Such as:
- HVAC malfunctions
- Electrical coordination failures
- SCADA integration issues
- Fire-fighting system non-compliance
- Cost and Quantity Disputes
Covering:
- Variations
- Re-measurement disagreements
- Cost overruns
- Quantum analyses
LEXARB’s technical arbitration teams are equipped to interpret all documentation with precision.
Case Study: How LEXARB Resolved a Major Engineering Dispute
A multinational contractor working on a combined-cycle power plant faced a dispute with the project consultant regarding delays in the installation of gas turbines.
The consultant claimed the contractor caused the delay.
However, LEXARB determined the actual causes included:
- Late issuance of IFC drawings
- Last-minute design changes
- Conflicting authority requirements
- Disruptions caused by third-party integration
LEXARB intervened by:
- Conducting a full forensic schedule analysis.
- Reviewing technical correspondence and drawings.
- Preparing a robust technical-legal claim.
- Representing the contractor in arbitration hearings.
Outcome:
The contractor secured an Extension of Time (EOT) and significant compensation, while avoiding wrongful liquidated damages.
Why Engineering Firms and Contractors Choose LEXARB
- Deep integration of engineering and legal expertise
- Ability to handle the most complex technical disputes
- Multilingual capabilities for international projects
- Strategic, results-driven arbitration approach
- Familiarity with regional regulations (Saudi, Egyptian, UAE, Qatari)
- Strong technical documentation analysis skills
- Proven track record in resolving high-value disputes
LEXARB positions itself not just as a law firm but as a technical dispute partner for engineering and construction companies.
Conclusion: Engineering Arbitration Is No Longer Optional — It Is a Competitive Necessity
In an era where engineering projects are larger, more complex, and more technically demanding than ever, disputes cannot be resolved by legal theory alone.
They require a precise understanding of:
- Engineering principles
- Project execution
- Technical failures
- Scheduling dynamics
- Quality standards
- Contractual obligations
LEXARB offers the comprehensive, specialized arbitration support needed to resolve disputes efficiently and accurately.
For a confidential consultation regarding an engineering dispute, arbitration strategy, or ongoing project risk assessment, contact LEXARB today. Our multidisciplinary team is ready to protect your interests with precision and expertise.