Expert Witness Journal Issue 66 April 2026 - Flipbook - Page 84
4.
5.
Framing the Question for an Expert –
Determinations by experts are vulnerable
to being set aside if the expert has asked
themselves the wrong question, even if their
decision is legally justi昀椀ed or gives the ‘right’
answer on the merits. Parties can assist experts
— and increase the chances that they will bene昀椀t
from a defensible determination — by framing
the question for experts. This requires a good
understanding of the facts and the applicable
contract provisions and law.
Meet the authors
Andrew Ross
Andrew is a Senior Associate in HFW’s Construction
team. Andrew regularly advises contractors,
consultants and owners on projects in a range
of sub-sectors, with particular focus on o昀昀shore
construction, tunnelling, ports, rail, power
transmission, water, nuclear and renewables. The
majority of Andrew’s expertise involves dispute
resolution and dispute avoidance, but he also
has considerable experience advising on project
procurement, contract negotiation and on real-time
project advice.
The Expert’s Mandate – The critical question
is whether the expert has complied with their
mandate. Parties may wish to consider carefully
how the mandate is framed to give an expert
more or less 昀氀exibility but should keep in
mind the potential impact of this on whether
the eventual decision will be vulnerable to
being set aside.
Sophie Moussa
Sophie is an Associate in HFW’s Construction team,
based in the London o昀케ce. Her dispute resolution
experience spans Technology and Construction
Court (TCC) and Court of Appeal proceedings, as
well as complex international arbitrations under
leading institutional rules, including HKIAC, ICC
and LCIA.
Footnote:
1
The transaction was documented in two separate
contracts (a SPA agreed between GSY and Gladstone;
and an operating services agreement between Hyatt
International, GSY and Gladstone).
To learn more about HFW’s construction team,
please visit:
www.hfw.com/expertise/sectors/construction/
For the original article, please visit:
www.hfw.com/insights/expert-determinationwhen-is-a-decision-enforceable/
EXPERT WITNESS JOURNAL
82
APRIL 2026
