Arbitration and ADR

Is Latin America’s construction boom outpacing its bench of recognised experts?

  • 15 October 2026

Latin America has emerged as one of the world's fastest-growing markets for construction and infrastructure arbitration. In this guest blog for the International Chamber of Commerce (ICC), the team at ADEPT, sponsor of the 2026 ICC-FIDIC Conference on International Construction Contracts and Dispute Resolution, examines whether the region's growing volume of complex construction disputes is outpacing the supply of internationally recognised construction experts and explores what is needed to strengthen the next generation of FIDIC adjudicators, delay experts and quantum specialists.

Latin America has become one of the most active regions in international construction arbitration and its infrastructure pipeline shows no sign of slowing, driven largely by multilateral development banks: the Inter-American Development Bank (IDB) Group posted a record US$35 billion in financing in 2025 and expects the financing capacity to reach US$500 billion over the next decade. The World Bank, the Development Bank of Latin America and the Caribbean (CAF) and the Central American Bank for Economic Integration (CABEI) add further volume. 

That activity already shows up in arbitration statistics: Latin America ranks second worldwide by party origin and chosen seat and third by law applicable to the merits according to ICC Dispute Resolution 2023 Statistics, a position a law firm links to the region’s growing importance as an arbitration hub, driven by its longstanding infrastructure gap. Regional institutions show similar momentum. 

Construction sits among the largest categories within that activity: a review of publicly reported international arbitrations in the Americas between September 2020 and early 2025 found manufacturing, construction, infrastructure and transportation together accounted for 24% of cases. 

A roster that remains thin, by any measure 

Despite that growth, few independent construction experts based in the region carry formal, public recognition. The pattern repeats internationally: of the more than 600 construction consulting experts recognised in the Lexology Index, less than 20 are based in Latin America. FIDIC’s own list of certified adjudicators tells a similar story: of the more than one hundred entries reviewed, only two based in Latin America. 

This is not a lack of construction expertise generally, but a shortage of experts for FIDIC contract and for delay and quantum assessment, the main aspects assessed in disputes, at the scale the region’s complex contracts will require. 

Why this gap matters most on MDB-financed contracts 

The gap is not evenly distributed. It bites hardest on the projects where the stakes and the contractual machinery are largest: those financed by multilateral development banks (MDB), usually procured under FIDIC contracts. That contract form carries its own dispute resolution architecture: a standing Dispute Board is effectively mandatory, sitting ahead of any arbitration, with members expected to hold the technical credibility to decide complex delay and quantum questions in real time. FIDIC’s default is ICC Arbitration unless the parties agree otherwise, making the ICC Arbitration Rules one of the most common frameworks for disputes under FIDIC contract. 

What this architecture does not solve on its own is time. A contract, delay or quantum expert capable of defending an opinion under cross-examination or sitting credibly on a Dispute Board, is not made quickly: it typically takes on the order of decades or more, years embedded in the technical and commercial side of live projects, followed by years of claims, adjudication and/or arbitration exposure, before someone is ready for that role. Certification programmes can validate that knowledge; they cannot compress the practice that produces it. 

The infrastructure for recognition already exists 

What is encouraging is that the mechanisms needed to close this gap already exist and Latin American professionals are starting to use them. FIDIC’s certification programmes, for adjudicators and, separately, for contract managers and trainers, are designed so that a credential earned in one country carries weight in another. According to databases, a Mexico-based construction contracts practice earned its second FIDIC Certified Trainer credential in June 2026; the following month its lawyers were confirmed as arbitrators, not only as legal counsel, in construction disputes across several Latin American countries. 

Building a market that runs in both directions 

None of this reflects badly on the region’s own professionals. According to the Institute for Transnational Arbitration, Latin America’s arbitral institutions continue to grow, a sign that both real demand and real talent are already in place. What may be missing is recognition that travels across borders, of enough professionals credentialed to sit on the Dispute Boards under FIDIC Contracts and to act as delay and quantum experts in arbitration. 

Given how long it takes to build that kind of expert, the response cannot wait for the disputes to arrive. Three things would help now:  

  • more Latin American engineers and quantity surveyors earning FIDIC and equivalent certifications, with MDB-financed projects as the natural training ground;  
  • more secondments and joint appointments pairing local professionals with international ones on live Dispute Boards;  
  • and greater visibility for the region’s own experts in the rosters and rankings the market actually consults.  

Projects that are currently in the development phase and heading towards financial close will generate tomorrow’s disputes and the Latin American experts who handle them need to start building that recognition now. 

Disclaimer: The content of this article may not reflect the official views of the International Chamber of Commerce. The opinions expressed are solely those of the authors and other contributors.