Introduction

In order to understand the approach of common law practitioners to the use of expert evidence in international arbitration, it is necessary to look at common law court approaches to the issue. It is from their court practices that common lawyers import attitudes and practices into international arbitration. This paper examines a sea change sweeping through the English and Australian court systems which is having a marked effect on the manner of use of experts and which can confidently be predicted to influence the approach of common law arbitrators and counsel to the ...