Introduction

5.01 There are essentially two modes of presenting expert testimony in an international arbitration. The first is through introduction by a party of an expert’s testimony in support of their case. Such witnesses are often referred to as the “party-appointed” expert, a designation indicating that the expert is instructed and compensated by a party for his or her work. This approach is to be distinguished from the tribunal-appointed expert. As the phrase suggests, the tribunal-appointed expert is retained to work on behalf of the tribunal, and does not accept direct compensation for his work from either party, and is instructed by the tribunal. While chapter 6 will deal extensively with the use of tribunal-appointed experts, the following chapter is devoted to article 5 of the IBA Rules, which covers party-appointed expert witnesses.