Part I Commentary on the ICDR International Rules, 25 Article 25—Tribunal-Appointed Expert

Subject(s):

Arbitral tribunals — Arbitration

This chapter examines Article 25 of the ICDR Rules, which addresses tribunal-appointed—as opposed to party-appointed—experts. Although tribunal-appointed experts are more common in the civil law tradition, the practice is not infrequently seen in general international arbitration. Article 25 of the ICDR Rules was only lightly amended in the 2014 revisions. While it provides the framework for empowering the tribunal to appoint such experts and some basic rules, Article 25 leaves to the tribunal’s discretion other practical issues, such as the method of selecting the expert, qualifications required of the expert, arrangements for payment of the expert’s fees and expenses, and negotiation of the expert’s terms of engagement. In this respect, a tribunal may well turn to internationally accepted procedural guidelines on using tribunal-appointed experts.