Introduction

The use of party appointed expert witnesses has been the subject of much attention in recent years, both in the context of domestic judicial systems, as well as in international arbitration. This is because they tend to be perceived as 'hired-guns', tailoring their evidence to positively reflect upon the party by whom they were appointed. This situation is exacerbated when parties and tribunals operate on an implicit understanding that this, indeed, is their role. Recent changes in 2010 to the International Bar Association's Rules on the Taking of Evidence in International ...