Arbitration Proceedings: Provision of Expert Evidence in Construction and Engineering Disputes…an Expert View
Arbitration Rules and Requirements, Independence and Skills, the Process of Producing Evidence or Strategy
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February 02, 2022
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This booklet relates to the quality of expert evidence and the way in which it is produced because this ultimately represents the core of the expert’s work.
Whether they are called to testify or not, the role of experts in construction project arbitration proceedings has become increasingly extensive over the years due to the financial stakes in the disputes, often valued in hundreds of millions of euros, their growing technical complexity and scale and the overwhelming number of documents they generate. The diversity of dispute resolution proceedings and the responsibilities of experts only compound these difficulties. In arbitration proceedings, the role of the expert invariably arises from a need to produce, from the tangible evidence available, expert opinion according to a process framed by the rules of the Arbitration Chamber appointed by the Parties.
This booklet gives a general overview of the stages that different types of experts have to go through in order to produce what is expected of them in arbitration proceedings, from the phase of investigation of the available evidence to oral testimony. It includes a phase of constructing their opinions that are ultimately to be received as evidence by the Tribunal, the production of their reports and a phase of where their opinions are confronted by other experts involved in the proceedings. Finally, it shows how these services can benefit the Parties and the Tribunals, and their limitations and constraints.
Published
February 02, 2022
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