What is an Arbitration Opinion?
An arbitrator's opinion is the opinion of an independent, impartial and expert third party on a matter that is disputed between the parties. An arbitrator's opinion usually clarifies whether defects in a work (e.g. an IT system) were already present at the time it was created. In contrast to an (arbitration) court, however, no legally binding judgment is made, the expert only determines circumstances without making a legal assessment of them. If the parties cannot reach an agreement despite the expert opinion, an (arbitration) court commissioned later is bound by the factual determination of the arbitrator's expert opinion (except in the case of gross inaccuracy).
What can an Arbitration Opinion in the IT field mean for you?
An arbitration report can save you going to court and the associated costs in the event of a difference of opinion. You can specify a so-called arbitration agreement when the contract is concluded, or you can agree on the arbitration report at the time of the disagreement. In most cases, you can reach an agreement with your contractual partner through an arbitrator's report, which does not hinder further cooperation.
Why an Arbitration Opinion?
- An impartial, independent expert establishes the actual facts.
- The parties themselves decide on the outcome of the dispute.
- The costs for the arbitration report are usually borne equally by the parties.
- The arbitrator's opinion is also valid in the event of a subsequent legal dispute.