Expert witnesses in arbitration
Produced in partnership with Charles Spragge of Druces
Expert witnesses in arbitration

The following Arbitration practice note Produced in partnership with Charles Spragge of Druces provides comprehensive and up to date legal information covering:

  • Expert witnesses in arbitration
  • Expert witnesses—relevant rules and law
  • The arbitration agreement and rules of arbitration
  • The ICC Rules of Arbitration 2017—experts
  • The LCIA Arbitration Rules 2014—experts
  • The UNCITRAL Arbitration Rules—experts
  • The law of the seat of the arbitration
  • Additional relevant guidance on expert witnesses
  • The IBA Rules on the Taking of Evidence in International Commercial Arbitration (the IBA Rules)
  • ICC Commission Report: Controlling Time and Costs in Arbitration
  • More...

The role of the expert witness in arbitration is broadly the same as that of the expert in court or litigation proceedings. Whether appointed by the parties, or less commonly by the tribunal, the expert is required to give their independent expert opinion on the issue(s) referred to them, based on the facts presented to them and applying their own expertise and experience. The parties and the tribunal may question or challenge the expert and the tribunal must decide which expert’s evidence it prefers or, in the case of a single expert, whether to accept their evidence.

While an arbitrator may have been selected for their relevant experience or expertise, typically this is to ensure the arbitrator has an understanding of the issues in the dispute and is not intended to put the arbitrator in the role of an expert giving and relying on their own opinion in making their award. In international arbitration in particular, arbitrators are very often lawyers (although this varies between sectors) and the role of the expert may, in part, be to educate the tribunal as well as to offer a professional opinion.

Both the expert witness and the arbitrator with expertise should be distinguished from the expert who is appointed under an expert determination agreement to give a ruling on matter such as the true value of a company’s shares

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