Experts reports in engineering and construction arbitrations. Difficulties that arbitrators and experts must deal with. Some proposals from practical experience

Abstract

During the development of an expert report, difficulties arise that may have a significant impact on its probatory value. This can be noted in the selection of the expert; in determining the scope of the report; in the form of access to the documentation of the process; in communications that the expert may or may not have with the parties, their respective experts, and with the arbitrator; in the selection of methodologies to evaluate costs and extensions of time; in legal matters related to the technical aspects of the report; in the expert hearing; and in the content of the report itself. In this article we will seek to identify the difficulties that usually arise, with some proposals of possible solutions.