Abstract

An arbitral tribunal typically possesses broad powers to set the procedures within an arbitration, including the appointment and management of its own expert to assist the tribunal with technical subjects or other complex issues. Without clear procedures in place, however, the use of tribunal-appointed experts can needlessly delay an arbitration, violate the tribunal's terms of reference, result in unreported ex parte communications with the tribunal, or otherwise affect the parties' fundamental right to be heard-even when tribunal-appointed experts are thoroughly vetted. It is ...