An arbitration dilemma: party-appointed experts vs. tribunal-appointed experts. A comparative study
An arbitration dilemma: party-appointed experts vs. tribunal-appointed experts. A comparative study
Author(s): Ioan SchiauSubject(s): Commercial Law, Court case, Comparative Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: arbitration; expert witnesses; independents experts; party-appointed experts;
Summary/Abstract: Arbitration, as an alternate method of solving disputes, is greatly reliant on its capacity to offer an efficient procedure, in terms of costs involved and time consumed to reach a decision on parties’ disputes. Taking of evidence in a cost and time effective manner is, therefore, a vital issue, one that the parties and the arbitral tribunal consider with the utmost care; it is the screen that reflects the image that the parties are trying to credit as being the truth. Expert witnesses are often called upon to present a professional view on technical or economic aspects that cannot be decided by the arbitral tribunal without proper expert information. The object of this study is to offer a comparative analysis of the choices that the parties and the arbitral tribunal have to make in taking expert evidence as well as the implications of these choices.
Journal: Tribuna Juridică
- Issue Year: 12/2022
- Issue No: 3
- Page Range: 329-345
- Page Count: 17
- Language: English