Part IV The Presentation of the Case: Evidence and Hearings, Ch.18 Experts
David D. Caron, Lee M. Caplan, Matti Pellonpää
David D. Caron, Matti Pellonpää, Lee M. Caplan
International arbitration allows the parties to choose an arbitrator whose specialized skill or knowledge regarding a particular legal, financial, or technical area can help resolve the dispute most accurately and efficiently. At times, however, complicated questions arise whose answers are essential in resolving the arbitral dispute but are beyond the expertise of, or cannot be dealt with efficiently by, the arbitral tribunal. On these occasions, the tribunal may wish to seek the advice of experts who possess the relevant specialized knowledge. Article 27 applies to tribunal-appointed experts and establishes a set of procedures that allow considerable involvement by the parties in the tribunal's dealings with the expert. Article 27 addresses the appointment of the expert and the terms of reference (27(1)), the provision of relevant information to the expert (27(2)), the expert's report (27(3)), and the expert hearing (27(4)).