The parties may appoint their own expert at any time to assist them with the preparation of their case and if necessary, to challenge the opposing party's experts.

Sample case (ICC arbitration)

Dispute (25 M US$) between a general contractor and its sub-contractor (civil works) during the construction of the Lebanese university campus in Beirut.

The general contractor terminated the contact on the basis of bad workmanship and cumulative delays.

The sub-contractor counter claimed for unpaid works, additional costs due to changes in the contractual specifications and change orders. He sought compensation for unjustified termination of the contract, claiming that the delays were due to the late hand-over of building sites, late and incomplete drawings and contradictory instructions.

As an expert appointed by the subcontractor, the mandate consisted of:
  • Site inspection, estimation of the cost of completed works and assessment of compliance with the specifications.
  • Analysis of the changes made to the contractual specifications and their ensuing consequences.
  • Analyzing the resulting effect on the planning and the incurred costs of the delays caused by the general contractor.
  • Analyzing the temporal and financial consequences of change orders.
  • Assistance in the preparation and reviewing of all submissions.
  • Analyzing and challenging the conclusions of the opposing party's experts.