AIAC Asia ADR Week: Construction Quantum Experts' Role in Arbitration Debated

• The AIAC Asia ADR Week 2026 featured a debate on the appropriate roles of experts and arbitrators in determining construction quantum.
• Discussions centered on defining the division of responsibilities between arbitral tribunals and technical experts in construction disputes.
• Key considerations included the importance of party autonomy, the enforceability of arbitral awards, and maintaining procedural fairness.
• The debate explored the extent to which specialized experts should influence the final monetary determinations in arbitration.

The core tension explored was whether the ultimate decision-making power regarding quantum should primarily rest with the appointed arbitrators or if a more expansive role for specialized experts is warranted.

The AIAC Asia ADR Week 2026 served as a significant forum for discussing critical issues in alternative dispute resolution, particularly within the construction sector. A prominent debate during the event, titled "Leave It to the Experts? Experts versus Arbitrators on Construction Quantum," brought together leading professionals to scrutinize the intricate roles played by various parties in resolving complex financial claims. This discussion specifically centered on the appropriate balance of authority and contribution between technical specialists and the arbitral tribunal when determining the monetary value of damages or claims in construction projects.

The core tension explored was whether the ultimate decision-making power regarding quantum should primarily rest with the appointed arbitrators or if a more expansive role for specialized experts is warranted. This fundamental question has profound implications for how construction disputes are managed and adjudicated globally. The AIAC 2026 debate construction highlighted the ongoing evolution of best practices concerning the involvement of construction quantum experts in high-stakes arbitrations.

A primary focus of the debate was the precise division of responsibilities between arbitral tribunals and the technical experts engaged in a dispute. Participants delved into the challenges of defining clear boundaries, considering that quantum determination in construction arbitration often requires highly specialized knowledge beyond typical legal expertise. The discussion explored how to best leverage the deep technical understanding of experts while maintaining the tribunal's ultimate judicial function.

The dialogue surrounding "Experts vs arbitrators construction quantum" also touched upon the practicalities of integrating expert opinions into the arbitral process. It examined whether technical experts in construction disputes should merely provide data and analysis for the tribunal's consideration, or if their role could extend to offering more definitive conclusions on quantum, which the arbitrators would then review. This nuanced interplay is crucial for ensuring both technical accuracy and legal soundness in the final award.

Beyond the immediate division of labor, the debate at AIAC Asia ADR Week 2026 also addressed several broader principles vital to the integrity and effectiveness of arbitration. The importance of party autonomy was a key theme, exploring how parties' choices regarding expert involvement can impact the process and outcome. Ensuring that the parties retain control over the scope and nature of expert evidence is considered paramount to the fairness of the proceedings.

Furthermore, the debaters considered the enforceability of arbitral awards, particularly when the quantum determination heavily relies on expert input. Questions arose about whether an award might be more susceptible to challenge if the tribunal is perceived to have either over-reliant on or unduly disregarded expert findings. Finally, the need to preserve procedural fairness throughout the arbitration process was emphasized, ensuring that all parties have an equal opportunity to present their expert evidence and challenge that of their opponents, thereby upholding the legitimacy of the arbitral tribunals' construction quantum decisions.

Lawyers involved in construction arbitration should monitor discussions from events like AIAC Asia ADR Week 2026 to understand evolving best practices and potential challenges regarding the role of technical experts in quantum determination, which can impact case strategy and award enforceability.

Source: Original reporting via SCC Times