CNIDECA
101, rue de Prony
F 75017 - PARIS
Tél : 33 (0)1.40.54.93.13
Fax : 33 (0)1.42.27.59.75
info@cnideca.fr
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BACKGROUND TO THE PROCEDURE
© 1997 CNIDECA
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The increasingly frequent recourse to legal action for the settlement of disputes over the past decades has developed, more often than not, without the parties having first attempted to seek the contractual elements or facts which might objectively shed light on the dispute and inform them as to the validity of their case.
Knowing the strengths and weaknesses of the case and the true financial risks involved will inevitably translate into a saving of time and money and limit the uncertainty surrounding the outcome of any procedure. It will also allow the state-appointed judge or the privately-appointed arbitrator, to whom the case is referred in the event that prior agreement cannot be reached, to concentrate solely on analysing the legal arguments, i.e., those aspects on which the parties are seeking his ruling. If he considers it necessary, he can also seek expert opinion of those real problems for which he requires clarification before pronouncing his findings.
Any mediation would, for the same reasons, also be made easier and would, if it can be envisaged, have a greater chance of success.
The Compagnie Nationale des Ingénieurs Diplomés Experts près les Cours d'Appel et les Juridictions Administratives (French National Association of Qualified Professional Engineers Appointed as Judicial Experts by the Judicial Courts of Appeal and Administrative Jurisdictions) considers that the confirmed and recognised experience of its approved or sworn members, registered on official lists, when such lists exist, and for the most part having the EUR ING (European Engineer) title, allows it to propose, with the support of the Conseil National des Ingénieurs et Scientifiques de France (CNISF)* upon which it depends, a solution which would limit the costs and the time required to resolve disputes which have arisen or which will arise through the application of current legislation.
* The CNISF (National Council of Engineers and Scientists of France) is a state-approved organisation ad the only one that represents the 450,000 engineers and scientists in France, including 155,000 fully qualified engineers.
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