Expert determination and tribunal appointments

Many construction contracts, including in the Middle East, refer technical and valuation disputes to an independent expert for a decision. We act in expert determinations and pre-arbitral expert procedures, and our partner Stephen M John sits as arbitrator, adjudicator, expert determiner and dispute board member.

What we do

  • Acting as expert determiner, where a contract or the parties refer a quantum, delay or technical dispute to an independent expert for a decision.
  • Expert evidence in pre-arbitral expert procedures, before any arbitration starts.
  • Expert advice to a party in an expert determination.
  • Tribunal appointments: technical arbitrator, construction adjudicator and dispute board member.

Experience

  • Quantum expert in a pre-arbitral expert procedure on phosphate processing facilities in North Africa, giving written and oral testimony.
  • Expert advice in an ICC expert determination between employer and contractor on phosphate plants in North Africa.
  • Expert determiner on a UK land development dispute.
  • Technical arbitrator on three-member international tribunals, including a pipeline dispute in Oman.
  • Construction adjudicator listed on the ICE, CIC and UK Adjudicators panels; DRBF-trained and certified dispute board member.

Independence and conflicts

A determiner or tribunal member must be independent of both parties. Before accepting any appointment we check every party, and their parent and related companies, against our records, including the appointments our people hold as arbitrators, adjudicators and dispute board members. Stephen’s tribunal appointments are taken through his own practice and are included in every Davies Kelly conflict check. Read how we work.

Related experience

QuantumDelay

Phosphate processing facilities

Region
North Africa
Forum
Pre-arbitral expert procedure (ICC expert determination), then arbitration
Parties
Employer, contractor, subcontractor
Our role
Lead quantum expert; delay expert advice; quantum analysis support

Experts: Michael Roos, Jamie Shafto, Michael Whiting

Issues: Prolongation, disruption and productivity loss, head office overheads, variations, subcontractor claims

Evidence: Written and oral testimony in the expert procedure; the arbitration settled before the hearing

Discuss a new matter

Tell us who the parties are and we will check for conflicts before anything else. Please do not send documents until we confirm there is no conflict.

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