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THE CHARTERED INSTITUTE OF ARBITRATORS: PROTOCOL FOR THE USE OF PARTY-APPOINTED EXPERT WITNESSES IN INTERNATIONAL ARBITRATION
1. This Chartered Institute of Arbitrators Protocol for the Use of Party-Appointed Expert Witnesses in International Arbitration (the Protocol ) is intended to govern in an efficient and economical manner the preparation and giving of expert evidence in international arbitrations, particularly those between Parties from different legal traditions. It is designed to supplement the legal provisions and the institutional or ad hoc rules according to which the Parties are conducting the Arbitration.
2. Parties and Arbitral Tribunals may adopt the Protocol in whole or in part or may use it as a guideline in developing their own procedures for the preparation and giving of expert evidence. The Protocol is not intended to limit the flexibility that is inherent in, and an advantage of, international arbitration, and Parties and Arbitral Tribunals are free to adapt it to the particular circumstances of each arbitration.
3. Each Arbitral Tribunal is encouraged to identify and establish with the Parties as soon as it is appropriate in the Arbitration, the issues in respect of which it considers expert evidence to be appropriate.
4. The preparation and giving of expert evidence in accordance with this Protocol is intended to give effect to the following principles:
each Party is entitled to know, reasonably in advance of any Evidentiary Hearing, the expert evidence upon which the other Parties rely;
experts should provide assistance to the Arbitral Tribunal and not advocate the position of the Party appointing them;
there should be established before any hearing the greatest possible degree of agreement between experts.
In the Chartered Institute of Arbitrators Protocol for the Use of Party-Appointed Expert Witnesses in International Arbitration.
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