Abstract

The system of ISDS has come under fire as one that is biased and in need of change. This paper addresses the impact that party-appointed experts make to that argument when they act as advocates, and suggests some ways the parties, counsel and a proactive arbitral tribunal can minimize the problem of expert advocacy.

Presented at the Center for International Legal Studies (CILS) "International Arbitration Symposium" which was held in Salzburg, Austria, 7 - 10 June 2018. Chairpersons: Laurent Hirsch and Silvia Marchili. More information www.cils.org