According to the standard agreements 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 one or more specialist experts, who should in principle have a technical background, to decide on payment of the guarantees provided. In cases filed in accordance with AB92, the specialist expert may also decide on the justification of withholding payments or offsetting amounts in payments. The Arbitration Board will in principle accept if the parties have agreed that the rules are to apply to other disputes.
The decisions are interim measures that are not binding on the parties if the parties have agreed on AB92. A decision may not be invoked in any subsequently instituted arbitral 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.