Rules of the Road for Using Experts in International Arbitration

, Corporate Counsel

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The parties often have the burden and opportunity to fashion rules concerning the use of experts that fit the needs of the dispute.

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  • Adrian Lifely, Osborne Clarke LLP, London

    Thanks Gil, an interesting and informative piece. To add complexity, arbitral tribunals from different jurisdictions have different expectations wrt party-appointed experts. To provide a very broad-brush caricature: - in the US experts tend to associate quite closely with their party‘s case and will seek to argue that case - in the UK experts must be and be seen to be independent of the parties - such that they should not advance arguments they don‘t believe in and should concede points where they think the opponent is right - in Europe and many civil law jurisdictions, the same independence is certainly expected and parties need to know that Tribunals are actually quite sceptical about the value of witness evidence in general, with the result that if an expert is considered to be partisan he/she is likely to be disregarded by the Tribunal and ineffective. Therefore, one needs to take notice of the legal and cultural backgrounds of the arbitrators when deciding how to use experts. Many thanks Adrian

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