Abstract

The experience generated within Chilean legal order shows that the involvement of a tribunal-appointed expert could put under pressure the general principle that assigns the burden of proof to the parties. The fact-finding powers of the arbitral tribunal, and thus, the powers of the tribunal-appointed expert, should be balanced with the parties' prerogative and burden to frame their cases the way they deem fit. In this paper, we rely on our professional experience within the area of construction disputes and offer some practical tips on how the work of the tribunal-appointed ...