Reconsidering the use of expertise in disputes related to international construction contracts

February 2026Contract Construction

Abstract

Our paper aims to describe the evolution of the role of technical experts in avoidance and management of disputes related to international construction contracts, focusing on the energy sector. From the very beginning FIDIC rules provided for the so-called Engineer assisting Employers during the execution of the contracts, up to the introduction of disputes boards frequently replacing the Engineer in the management and possible resolution of claims. As regards litigation, major arbitral institutions (e.g. UNCITRAL, ICC, ICSID, LCIA) issued rules on Expert Determination as an ADR mechanism. In parallel, civil procedure codes under several jurisdiction (e.g. Italian, French and German) governs the technical assessment, which has also become an ADR method constituting an enforceable title. Considering that the excessive involvement of experts in the arbitral proceedings may complicate rather than simplify the decision of the tribunal, would it be possible to reconsider the use of experts in light of the civil procedure code provisions?

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Reconsidering the use of expertise in disputes related to international construction contracts

Abstract

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