Expertise in International Arbitration
Article from: TDM 4 (2013), in Ten years of Transnational Dispute Management (TDM)
Summary
This acticle provides a critical review of the role of expertise in international arbitration today. It considers the different options of the parties to incorporate expertise in the dispute resolution process, and the lengthy debate in international civil procedure regarding the special issues raised by expert evidence. The solutions proposed to date in international arbitration have included flexible proceedings, the recognition of express duties of impartiality on experts, mandatory communication, prescribed disclosure, and an active role for the tribunal in managing expert ...