Reconsidering the use of expertise in disputes related to international construction contracts

February 2026

Abstract

Our paper aims to describe the evolution of the role of technical experts in avoidance and management of disputes related to international construction contracts, focusing on the energy sector. From the very beginning FIDIC rules provided for the so-called Engineer assisting Employers during the execution of the contracts, up to the introduction of disputes boards frequently replacing the Engineer in the management and possible resolution of claims. As regards litigation, major arbitral institutions (e.g. UNCITRAL, ICC, ICSID, LCIA) issued rules on Expert Determination as an ADR mechanism. In parallel, civil procedure codes under several jurisdiction (e.g. Italian, French and German) governs the technical assessment, which has also become an ADR method constituting an enforceable title. Considering that the excessive involvement of experts in the arbitral proceedings may complicate rather than simplify the decision of the tribunal, would it be possible to reconsider the use of experts in light of the civil procedure code provisions?

Authors

Edoardo Marcenaro

Former Head of Legal & Corporate Affairs , Enel Grids srl, Italy

Edoardo Marcenaro has been working in Enel Group since 2001, where he firstly took care of major M&A transactions in Eastern Europe up to 2008, following the legal affairs of the various companies acquired in the subsequent 10 years. Afterwards, he gave legal support in the establishment and start – up of Enel X, the company created for energy services, energy efficiency and electric mobility. Since January 2019 he is in charge of the legal department of Enel Grids srl.

Michela Umbro

Legal Counsel, DeliSasson, Italy

Michela Umbro is a Trainee Lawyer at DeliSasson, in Rome, a member of the Executive Committee of YoungISTAC, serving as Foreign Relations Committee Member and the Supporting Organizations Committee Member at Istanbul Arbitration Days.

Companies

Enel Grids srl

Enel Grids srl, formerly Enel Global Infrastructure & Networks srl is the global company dealing with the development and management of the networks in Enel, the Italian energy utility, with headquarters in Italy and present with distribution, generation and trading of energy worldwide.

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