Expert Evidence In Construction Disputes: Arbitrator Perspective

Introduction

The primary methods of presenting factual evidence in international arbitration are contemporaneous documents, testimony of fact witnesses and testimony of expert witnesses. Whereas contemporaneous documents tend to have the highest probative value when it comes to facts in general, expert witness testimony is the predominant means of evidence when it comes to technical matters. International construction disputes frequently raise a variety of complex technical issues and other factual issues requiring technical expertise. The parties, therefore, will almost invariably have to adduce expert evidence in support of their case and to support the tribunal's decision-making process.