Ex parte proceedings are legal actions initiated by one party without representation of, or notification to, the other party. In the context of construction disputes, ex parte proceedings can present unique challenges for expert witnesses.

In an article for the Chartered Institution of Civil Engineering Surveyors’ (CICES) 2024/2025 Construction Law Review, Associate Director Daniel Shaw shares lessons learned from his recent ex parte experience in ICC arbitration and discusses the roles of both the expert and the tribunal in ex parte proceedings. Mr. Shaw emphasizes the importance of prioritizing thoroughness and maintaining objectivity to ensure the tribunal receives an impartial, accurate understanding of a case.