The Role of Experts in Construction Disputes
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Date
2023-11
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Abstract
This dissertation explores the pivotal role of technical experts in the resolution of construction disputes, with a specific focus on the United Arab Emirates. Construction disputes are inherently complex, often involving complicated technical details and significant financial implications. As such, experts in the construction industry assume a critical role in providing impartial, specialized, and authoritative opinions to assist judges and arbitral tribunals in arriving at informed decisions. This study comprehensively examines the qualifications, appointment processes, obligations, and responsibilities of experts in both on-shore litigation and arbitration proceedings. Additionally, it scrutinizes the methodologies that experts employ in the investigation, the content of their reports, and the experts’ questioning process. Furthermore, it draws attention, where appropriate, to the distinctions in the procedures between litigation and arbitration. Of paramount importance, this study sheds light on the procedural irregularities among experts, which can significantly impact the credibility and admissibility of expert witnesses. Therefore, having a comprehensive understanding of the role of experts becomes imperative in a jurisdiction where judges and arbitral tribunals heavily rely on expert opinions to render conclusive and enforceable judgments and arbitral awards in construction disputes.
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Keywords
construction disputes, United Arab Emirates (UAE), arbitration,