Expert terms of reference in arbitration: guidelines and application

Termeni de referinţă pentru experţi în arbitraj: linii directoare şi aspecte practice

Beatriz V. X. S. ROSA

Luis Otavio ROSA

ABSTRACT

Arbitration is a dispute resolution mechanism employed in many contracts, including construction contracts or other contracts that require technical expertise. Sometimes, it is necessary to produce evidence or calculate the quantum of claims, by a party-appointed or tribunal-appointed expert. Expert terms of reference is a document used in some arbitration proceedings to establish and regulate the production of evidence or the calculation of the quantum of the claims. This article is written by two experts practicing in international arbitration and presents guidelines and minimal content to be considered in terms of reference to be used during evidence production by experts.

KEYWORDS: arbitration; experts; terms of reference.

REZUMAT

Arbitrajul este un mijloc de soluţionare a disputelor...