In construction and infrastructure arbitration, experts play a pivotal role in ensuring fair and efficient proceedings by bridging the gap between legal interpretation and technical complexities. Their specialized knowledge enables arbitrators to make well-informed decisions.
Construction disputes frequently involve delays, cost overruns, and technical challenges, making expert intervention essential. Experts provide independent analysis, technical assessments, and professional insights to assist tribunals in evaluating claims objectively.
Clarifying Technical Matters
Providing Objective and Independent Opinions
Supporting the Evaluation of Claims
Joint Reports
Assisting in Cross-Examinations
Advising on Industry Best Practices
Get answers to frequently asked questions about everything we do.
Why are experts important in construction arbitration?
Experts bridge the gap between legal arguments and technical complexities. They provide independent analysis, clarify technical issues, and support the tribunal in making informed and fair decisions.
What types of experts are commonly involved in construction arbitration?
There are three main types:
- Delay Experts – Analyze schedules, determine causes and impacts of delays.
- Quantum Experts – Assess financial claims, including cost overruns and damages.
- Technical Experts – Evaluate engineering or construction-related technical issues.
How are experts appointed in arbitration?
Experts can be:
- Party-Appointed – Selected by one of the disputing parties.
- Tribunal-Appointed – Selected by the arbitral tribunal for neutrality.
- Selection criteria include qualifications, experience, independence, and subject expertise.
What is the role of delay experts?
They assess project schedules to identify delays affecting the critical path and evaluate entitlement to extensions or compensation.
What do quantum experts do?
Quantum experts focus on the financial dimensions of a dispute, including additional payments, disruptions, and cost evaluations.
When are technical experts necessary?
They are required when disputes involve engineering principles, construction methods, or compliance with standards, especially in technically complex issues.
How do experts assist the arbitral tribunal?
They:
- Clarify technical and financial matters.
- Provide independent, objective opinions.
- Support claim evaluations.
- Prepare joint reports identifying points of agreement/disagreement.
- Assist during cross-examination.
- Advise on industry best practices.
What is the value of expert joint reports?
Joint reports highlight where experts agree or differ, helping tribunals focus on key contested issues for faster resolution.