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9 Article 6: Tribunal-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, 2022. All Rights Reserved.date: 06 July 2022

Subject(s):
Expert evidence — Arbitral rules

This chapter explores Article 6 of the IBA Rules, which addresses the use of tribunal-appointed experts and covers the appointment and terms of reference of a tribunal-appointed expert, a party’s right to object to the appointment, the content of the expert’s report, the parties’ right of response to the expert evidence, and the right to examine the expert at the evidentiary hearing. Article 6 also contains checks and balances designed to ensure that the tribunal does not delegate its decision-making function to the expert and that the parties have a proper opportunity to make representations on the choice of tribunal-appointed expert, and to examine and comment on the evidence presented by that expert.

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