General Information
El CRC es una unidad especializada del CFIA que ofrece espacios de diálogo y negociación para resolver diferencias relacionadas con las disciplinas de la ingeniería y la arquitectura. Utiliza métodos alternativos como la conciliación, el arbitraje y los comités de solución de controversias (Dispute Boards), ofreciendo soluciones eficientes y confidenciales.
The CRC handles disputes of a proprietary nature arising from the execution or interpretation of contracts, whether written or verbal, related to the engineering and architectural professions. At least one of the parties involved must be a member of the CFIA.
No, the CRC does not impose sanctions. The cases must be patrimonial. The CFIA has other instances to analyze ethics in professional practice. The function of the CRC is to facilitate spaces for dialogue for the parties to find mutually satisfactory solutions, based on the autonomy of the will and according to Law No. 7727 on Alternative Dispute Resolution and Promotion of Social Peace.
The CRC does not provide legal advisory services, psychological therapy, or engineering or architectural consulting. Its role is to offer mechanisms for the parties involved to resolve their differences autonomously.
Reconciliation
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It is essential that you provide details of the CFIA member with whom you wish to conciliate, the number of projects (if applicable), describe the dispute and state your initial claim.
It is a voluntary and confidential process where the parties in conflict, assisted by an impartial conciliator, seek to reach an agreement that satisfies both parties.
He is a neutral professional, trained in conciliation techniques and member of the CFIA and accredited by the Ministry of Justice and Peace, who facilitates communication between the parties to find a joint solution.
At the CRC, conciliation proceedings are free of charge when at least one of the parties is a member of the CFIA.
Arbitrations
It is a private process where the parties agree to have their dispute resolved by an arbitral tribunal. The decision, known as an arbitration award, has the same value as a court judgment and is binding.
Depending on the type of arbitration, the tribunal may be composed of:
- Equity: CFIA member arbitrators who rule according to principles of fairness and equity.
- At law: Lawyers who decide in accordance with the applicable legal regulations.
- Mixed: One attorney chair and two CFIA members, combining legal and technical expertise.
- Expert: CFIA specialists who make decisions based on specific technical knowledge.
The arbitration clause must include the willingness of the parties to submit to arbitration in the CRC, the type of arbitration (arbitration at law, in equity, mixed, abbreviated or expert), and the composition of the arbitral tribunal (the number of arbitrators: one-person or collegiate).
The arbitration process will last depending on the complexity of the case, but ranges from six to twelve months.
It depends on the nature and complexity of the project or conflict. It is recommended to analyze the characteristics of the case and consult with your legal advisor to determine the most appropriate modality.
The cost is determined by the amount in dispute, including arbitrators' fees and administrative fees. A preliminary quotation may be requested from CRC.
Comités de Solución de Controversias (Dispute Boards)
It is composed of one or three neutrals, called adjudicators, who follow the execution of a work or service, issuing recommendations to facilitate compliance with the contract and resolve disputes in an expeditious manner.
They are professionals specialized in different areas, selected from an official CRC list, who are responsible for integrating the committees and providing technical solutions during the development of the project.
Ideally, from the beginning to the end of the project, allowing to prevent and resolve conflicts in a timely manner.
The cost varies according to the specifications, the duration of the project and the commitments agreed upon between the parties and the procurers.