Level: Basic
TCM Section(s)
6.4. Forensic Performance Assessment
5.2. Asset Performance Measurement
Venue: 2024 AACE International Conference & Expo
Abstract: Arbitration is a dispute resolution mechanism that has been employed in many construction contracts. There are several institutions that issue arbitration rules that regulate procedural regime and the management of proceedings. The definition of production of evidence is a decision in each arbitration case, as there is no such provision in most important procedural rules. Sometimes is necessary to produce evidence and calculate the quantum of claims, by party-appointed expert or by tribunal-appointed expert. Expert terms of reference is a document used in some arbitration proceedings to establish and regulate the production of evidence and calculation of quantum of claims. This paper proposes guidelines and minimal content to be considered in the terms of reference to be used during evidence production by experts, with related applications and examples.
TCM Section(s)
6.4. Forensic Performance Assessment
5.2. Asset Performance Measurement
Venue: 2024 AACE International Conference & Expo
Abstract: Arbitration is a dispute resolution mechanism that has been employed in many construction contracts. There are several institutions that issue arbitration rules that regulate procedural regime and the management of proceedings. The definition of production of evidence is a decision in each arbitration case, as there is no such provision in most important procedural rules. Sometimes is necessary to produce evidence and calculate the quantum of claims, by party-appointed expert or by tribunal-appointed expert. Expert terms of reference is a document used in some arbitration proceedings to establish and regulate the production of evidence and calculation of quantum of claims. This paper proposes guidelines and minimal content to be considered in the terms of reference to be used during evidence production by experts, with related applications and examples.