An Updated Report of the ICC Arbitration Commission on Arbitration and ADR.
๐This insightful text offers guidance to arbitrators on essential considerations concerning tribunal-appointed and party-appointed experts in arbitrations under the ICC Rules of Arbitration.
๐It highlights effective and efficient ways to utilize experts to avoid potential challenges during arbitration proceedings. Experts play a crucial role in proving facts and aiding in the understanding of relevant legal issues in ICC arbitration.
๐The report delves into the appointment and utilization of experts under the ICC Rules of Arbitration, outlining two distinct mechanisms. Article 25(2) allows parties to appoint experts to provide testimony, while Article 25(3) permits the arbitral tribunal to directly retain experts, define their terms of reference, receive reports, and allow for questioning at the hearing.
๐Notably, the Rules of Arbitration grant the tribunal significant flexibility in utilizing experts, surpassing the flexibility typically available in national courts.
๐Arbitrators will find valuable insights in this report to navigate the complexities of expert involvement in arbitrations effectively.
๐It serves as a practical resource for ensuring a smooth arbitration process and facilitating informed decision-making.
Credits: ICC Arbitration Commission
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