Author
Listed:
- David Yek Tak Wai
(David Yek Architect, Petaling Jaya, Selangor)
- Z.Z.A. Rashid
(School of Housing, Building and Planning, Universiti Sains Malaysia (USM), Penang, Malaysia)
- NM Yusuwan Author-Workplace-NameFaculty of Architecture, Planning and Surveying, Universiti Teknologi MARA (UiTM)
Abstract
This paper critically evaluates methods to enhance efficiency in Malaysian domestic construction arbitration. It revisits core arbitration principles, particularly the balance between party autonomy and the competence-competence doctrine. It then examines the interplay between technical expertise and evidentiary challenges, especially in distinguishing liability from delay analysis. The paper also analyses procedural sequencing, focusing on the positioning of expert evidence in relation to factual testimony. Central to the inquiry is whether construction arbitration must remain strictly counsel-driven, and the extent to which tribunals can or should contribute to procedural streamlining. The study adopts a qualitative methodology, using document analysis of a construction arbitration case involving delay and liability, supplemented by supporting tribunal orders, submissions by parties, expert reports, and final awards. The findings suggest that tribunal-led procedures, such as expert joint reports and hot-tubbing, can expedite proceedings, reduce costs, and improve efficiency. The conclusion discusses the benefits and limitations of tribunal intervention in construction arbitration and proposes that tribunals should have greater authority to streamline expert evidence handling, especially in technical disputes like delay causation and liability analysis.
Suggested Citation
David Yek Tak Wai & Z.Z.A. Rashid & NM Yusuwan Author-Workplace-NameFaculty of Architecture, Planning and Surveying, Universiti Teknologi MARA (UiTM), 2025.
"Dealing with Experts in Delay and Liability: Critical Case Study of a Construction Arbitrator’s Attempt to Expedite Proceedings,"
International Journal of Research and Innovation in Social Science, International Journal of Research and Innovation in Social Science (IJRISS), vol. 9(8), pages 5232-5249, August.
Handle:
RePEc:bcp:journl:v:9:y:2025:issue-8:p:5232-5249
Download full text from publisher
Corrections
All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bcp:journl:v:9:y:2025:issue-8:p:5232-5249. See general information about how to correct material in RePEc.
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
We have no bibliographic references for this item. You can help adding them by using this form .
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Dr. Pawan Verma (email available below). General contact details of provider: https://rsisinternational.org/journals/ijriss/ .
Please note that corrections may take a couple of weeks to filter through
the various RePEc services.