The development of large capital projects yields a highly complex environment for the design and engineering of projects and the construction methods that must be employed to enable safe and reliable operation. The seemingly inevitable disputes that arise from these projects reflect the complexity of the engineering and construction themselves. The successful representation of parties to a dispute requires a large team of legal, technical, delay, and quantum professionals, often creating a tangled web of interdisciplinary expertise and a lack of clear boundaries as disputes evolve over time and needs shift. It is not uncommon in modern construction disputes to have teams of attorneys, in various time zones, working alongside teams of appointed subject matter experts covering a multitude of disciplines. In managing such a large, complex group, a careful balancing act is often required to pursue an overarching legal strategy which utilizes expert evidence in an efficient, effective way. While the need for numerous independent experts is unavoidable, attorneys managing a case can implement strategies to balance effective communication and integration of the work product across multiple expert disciplines in a manner that reflects the needs of a particular dispute.
As part of this seminar, attendees will hear the panel draw from their experience, referencing several case studies involving large construction projects at the center of disputes resolved through international arbitration (under the rules of well-known arbitral institutions, including AAA, ICC, LCIA, and SIAC). These case studies include a summary of the project, the nature of the dispute, and the various expert disciplines that were required as part of the exchange of reports and eventual evidentiary hearings. In all cases, there was a need to link the work product of interdisciplinary experts as the conclusions of each relied on and contributed to the analysis of the others. Through the lens of these case studies, recommendations are provided as to how attorneys should best pursue the optimal balance of cost and efficacy when assembling large and diverse volumes of expert work product, maintaining their independence and duty to the arbitral tribunal while also facilitating a proper level of coordination and alignment with the legal strategy.
To register for this event, click here.