“Expert review” is a common practice in major construction projects. Where there are disputes in performance of a construction contract, the parties may submit related disputes to a dispute review board according to their agreement. The review board may issue its opinion. Parties may agree on the legal effects of such opinion. Where the opinion has been afforded binding force by parties’ agreement, the parties must enforce the opinion or sign a conciliation agreement in accordance with the opinion and apply for an arbitration tribunal to make arbitration award based on the conciliation agreement. If one or more parties object to the opinion, they may bring it to arbitration or file a lawsuit. Unless parties agree otherwise, the opinion can be used as evidence in arbitration and litigation. Since the members of the review board have the industry backgrounds and qualifications recognized by both parties, or they may be even the authorities in the area of construction project, the decisions made by the review board are usually accepted by parties and their disputes are resolved.
Our lawyers have extensive practice experience in resolving construction disputes. We can represent clients to attend expert review procedures under the Rules on Construction Disputes Review of China International Economic and Trade Arbitration Commission and Beijing Arbitration Commission. We can represent clients in expert review procedures under the Dispute Review Board (DRBs), Dispute Adjudication Board (DABs), and Combined Dispute Board (CDBs). Our lawyers are also familiar with the procedures of dispute resolution and arbitration procedures of the Fédération lnternationale Des lngénieurs Conseils (FIDIC), and we are capable of representing our clients under above-mentioned procedures.
If you need us to represent you to attend a dispute review, please contact us.