Overview

The increasing reliance on expert evidence in international commercial and investment arbitration, where disputes often hinge on highly specialised knowledge beyond the tribunal's expertise, creates many procedural question marks to be addressed both by the parties and arbitral tribunals. This important book addresses the problems arising out of the use of party-appointed experts and thoroughly examines the principles, rules, and methods that can overcome the shortcomings that arise. The author systematically addresses how experts appointed by parties can contribute to resolving complex factual and technical disputes, and how their involvement interacts with procedural fairness, efficiency, and tribunal control. Among the issues and topics covered are the following: establishing impartiality, independence, and objectivity of party-appointed experts; rules and codes of conduct for party-appointed experts; the tribunal's role in evaluating conflicting expert evidence; cross-examination of experts presented by opposing parties; procedures for expert meetings, cooperation, and joint reports to resolve disagreements and achieve consensus; assessing disqualification requests; and effect of the expert and the expert opinion on set-aside and recognition and enforcement procedures. International rules and practices and guidelines of major arbitral institutions are fully considered, as are legislation, case law, and practices of many jurisdictions. By offering critical insights and practical solutions grounded in recent case law, doctrinal analysis, and institutional practice, the book will serve academics, practitioners, arbitrators, and policymakers engaged in enhancing the integrity and efficiency of expert involvement in arbitration proceedings. It will provide arbitrators and parties with practical tools to structure, scrutinise, and integrate expert testimony, helping to reduce procedural delays, ensure expert evidence is utilised effectively and impartially, and advance fair and well-reasoned awards.

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