A Civil Matter for a Common Expert: How Should Parties and Tribunals Use Experts in International Commercial Arbitration?

Authors

Ruth Fenton

Document Type

Article

Abstract

How should parties and tribunals use experts in international commercial arbitration? Are the common and civil law traditions blurred or blended, or should there be specific practices for international arbitration? To answer these questions, it is necessary to look at the common and civil law approaches to the use of experts in international commercial arbitration. This article will look at circumstances that may require an expert and arbitration laws and rules that assist parties and arbitrators in appointing an appropriate expert. The article highlights and discusses differences and similarities between civil and common law traditions and draws a conclusion as to whether parties and tribunals should have specific practices for international arbitration.

Recommended Citation

Ruth Fenton, A Civil Matter for a Common Expert: How Should Parties and Tribunals Use Experts in International Commercial Arbitration?, 6 Pepp. Disp. Resol. L.J. Iss. 2 (2006)
Available at: https://digitalcommons.pepperdine.edu/drlj/vol6/iss2/4