Expert determination

According to the standard agreement documents applying to the industry, clients and contractors must provide a guarantee to each other for the payment of the contract sum and the performance of the work. At the request of a party, the Arbitration Board may appoint an expert to decide on payment of the guarantees provided. The expert may also make decisions concerning the justification of withholding payments or offsetting amounts in payments. The Arbitration Board will in principle accept it if the parties have agreed that the rules are to apply to other disagreements.

The decisions are not binding on the parties and may not be invoked in any subsequently instituted arbitration proceedings. However, the guarantor named in a guarantee or bond that refers to a construction contract drafted on the basis of the standard agreement documents is obliged under those documents to pay the guarantee or bond amount if so decided by expert determination.

Security for all expenses ensuing from such determination must be provided immediately, which also means that the Arbitration Board can initiate proceedings within a very few days unless procedural or other problems arise in the matter.

Based on the request received, the secretariat of the Arbitration Board determines whether all formal requirements are met, including compliance with the deadlines set out in the standard documents.

 

Rules

The Arbitration Board’s rules on expert determination date from 1993. A request for expert determination, together with any supporting documents, may be sent to the Arbitration Board in electronic form. However, any odd-size documents may be sent by ordinary post.

These cases are filed as G-cases at the Arbitration Board.
Rules on experts determination 1993

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