Uluslararası İnşaat Sözleşmelerinde Gecikme ve Temerrüt (İstanbul Uluslararası İnşaat Hukuku Konferansları-II)

Likewise, there is little to no discussion on the relevant documentation the experts should rely on, such as schedules, key correspondence, etc. For example, differences in opinion on the applicable baseline schedule could be resolved if such differences were determined early on. Without a discussion at the outset of the arbitration, such differences will often only be discovered after the first round of expert reports, in other words halfway through the arbitration. Another very relevant question is what is available in terms of documentation. This will often determine what method of delay analysis is most appropriate in a given case. For example, impact-as-planned or time-impact analyses require a logic-linked baseline programme and updated programmes. If such programmes are not available, the experts might have to conduct an as-planned vs. as-built

Another reason is that expert reports are filed too early in the process,…

In sum, the reason for the problem often is the “usual” arbitral proceedings as they…