An arbitration dilemma: party-appointed experts vs. tribunal-appointed experts.A comparative study

Ioan Schiau ()
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Ioan Schiau: Faculty of Law of the Transilvania University of BraÅŸov, Romania

Juridical Tribune - Review of Comparative and International Law, 2022, vol. 12, issue 3, 329-345

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.

Keywords: : arbitration; expert witnesses; independents experts; party-appointed experts. (search for similar items in EconPapers)
JEL-codes: K40 (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:12:y:2022:i:3:p:329-345

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