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8 Article 5: Party-Appointed Experts

Roman Khodykin, Carol Mulcahy, Nicholas Fletcher

From: A Guide to the IBA Rules on the Taking of Evidence in International Arbitration

Roman Khodykin, Carol Mulcahy
Edited By: Nicholas Fletcher

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 July 2024

Expert evidence — Arbitral rules — Arbitration

The IBA Rules provide for the use of both party- and tribunal-appointed experts. This chapter describes Article 5 of the IBA Rules. Article 5, supplemented by Article 8, dealing with oral testimony at the evidentiary hearing, provides a comprehensive framework for use and management of evidence from party-appointed experts. Although Article 5 is self-contained, it should be considered in conjunction with Article 6, which deals with tribunal-appointed experts. This chapter considers the required content of a report prepared by a party-appointed expert. It also deals with the question of whether a party may file expert evidence without permission of the tribunal as well as other issues that may arise in connection with party-appointed experts.

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