Use of Experts in Arbitration; Appointment of Experts by the Arbitral Tribunal
Article from: TDM 5 (2005), in International Commercial Arbitration
Introduction
In civil law countries, experts are traditionally appointed by the arbitral tribunal, and the institution of the "expert witness" of common law is not recognised[1]. Experts can be appointed by the tribunal for a wide variety of issues, but their competence should always be limited to their specific expertise[2]. They are typically appointed to (i) ascertain specific facts based on their expertise, (ii) provide the arbitral tribunal with the principles and empirical propositions of their field, or (iii) judge certain specific facts based on their expertise. Experts should answer ...