ATIBT offers its technical expertise to producers and users of tropical timber before the realization of a work, through consulting missions, or after the completion of a work, in the event of a conflict. ATIBT also provides regular support to professionals, answering the technical questions they face.
ATIBT brings together experts with recognized skills in the tropical timber sector, both regarding forest and wood (trade, processing and implementation). These experts have extensive field experience and many of them are enrolled in Appeals Courts. They intervene upstream or downstream of the realization of a work, as a council or in the event of litigation.
Project owners or project managers can call upon ATIBT experts for technical support in the realization of a wooden structure.
Assigned assignments can relate to the design of the work, the prescription of materials, the quality control of the goods, the follow-up of construction site or the technical support for the reception of work.
The ATIBT expert also intervenes to give an objective and independent opinion in the event of claims or litigation in a commercial transaction.
In the event of a dispute, the ATIBT expert drafts a report which makes it possible to establish factually the differences in quality between the goods contracted and the goods delivered. Generally contracts refer to the ATIBT rules (classification, measurement, contract and use …). The expertise is provided in compliance with standard NF X 50-110 and may include a report and measurements on site, an analysis (possibly in the laboratory) and an impartial report in application of regulations, standards and practices on the trade or the use of wood.
Experts can intervene at three levels in the handling of the dispute:
conciliation, arbitration and judiciary.
When the seller and the buyer want to settle a dispute, they can call on a conciliator who draws up an expert report enabling him to reach an agreement. This procedure is economical, but it requires good agreement between the parties.
If the parties can not find an agreement, one of them can appeal to an arbitration chamber. The arbitrator, appointed by the Chamber, draws up a report by concluding with an arbitration sanction (estimate of the responsibilities of each and the compensation of the parties). This award may be legally enforceable. This procedure is more expensive, but also more secure with the help of a specialized expert. Since September 2016, ATIBT is a member of the International Chamber of Arbitration of Paris (CAIP).
A party may file a claim with a court. The judge then assigns an expert (whom he considers the most competent) to prepare a technical report on which he will rely to render a judgment. The parties may be accompanied by a technical expert, who is qualified as an expert consultant. The judicial expert can call upon a specialized technical expert who takes the title of expert sapitor. This procedure is the most expensive, the longest and the most unpredictable since the expert does not necessarily has the required skills and the pleadings of lawyers can strongly influence the judgment. The experts of ATIBT are registered in different Courts of Appeal.
Note: An expert only takes the title “ judicial expert ” when he is assigned by a court to a specific case.