Use of Party-Appointed Experts in International Commercial and Investment Arbitration: Issues and Possible Solutions

Ömer Faruk Kafalı

Makale detayları

Use of Party-Appointed Experts in International Commercial and Investment Arbitration: Issues and Possible Solutions

Yazarlar:

Ömer Faruk Kafalı

Yayıncı:

Istanbul University

Ana Başlıklar:

Law in Context (Other)

Dergi:

Annales de la Faculté de Droit d’Istanbul Issue 75, pp.151-197

Belge Tipi:

Makale

Yayın Tarihi:

6/2025

Belge Dili:

İngilizce

Document ID (Org No.):

2001338597

pISSN:

0578-9745

Anahtar kelimeler:

Özet:

 In this article, experts in international commercial and investment arbitration will be briefly explained on the basis of the appointing authority and the subject matter on which they provide their services. The legal aspects of experts will be summarised, taking into consideration sources in international arbitration and various jurisdictions. The problems that arise from the use of party-appointed experts are then briefly mentioned. Penultimately, the already proposed recommendations are to be stated and evaluated. Last but not least, the article concludes by asserting that a pre-agreed procedural flow for the creation of the expert opinion and concurrent examination is necessary to overcome the flaws resulting from the use of party-appointed experts that lead to the inefficiency of proceedings. To limit the subject, this article intentionally does not address the experts appointment and objection process and issues relating to the experts opinion, specifically, the assessment and weight as evidence.

 In this article, experts in international commercial and investment arbitration will be briefly explained on the basis of the appointing authority and the subject matter on which they provide their services. The legal aspects of experts will be summarised, taking into consideration sources in international arbitration and various jurisdictions. The problems that arise from the use of party-appointed experts are then briefly mentioned. Penultimately, the already proposed recommendations are to be stated and evaluated. Last but not least, the article concludes by asserting that a pre-agreed procedural flow for the creation of the expert opinion and concurrent examination is necessary to overcome the flaws resulting from the use of party-appointed experts that lead to the inefficiency of proceedings. To limit the subject, this article intentionally does not address the experts appointment and objection process and issues relating to the experts opinion, specifically, the assessment and weight as evidence.

 In this article, experts in international commercial and investment arbitration will be briefly explained on the basis of the appointing authority and the subject matter on which they provide their services. The legal aspects of experts will be summarised, taking into consideration sources in international arbitration and various jurisdictions. The problems that arise from the use of party-appointed experts are then briefly mentioned. Penultimately, the already proposed recommendations are to be stated and evaluated. Last but not least, the article concludes by asserting that a pre-agreed procedural flow for the creation of the expert opinion and concurrent examination is necessary to overcome the flaws resulting from the use of party-appointed experts that lead to the inefficiency of proceedings. To limit the subject, this article intentionally does not address the experts appointment and objection process and issues relating to the experts opinion, specifically, the assessment and weight as evidence.

 In this article, experts in international commercial and investment arbitration will be briefly explained on the basis of the appointing authority and the subject matter on which they provide their services. The legal aspects of experts will be summarised, taking into consideration sources in international arbitration and various jurisdictions. The problems that arise from the use of party-appointed experts are then briefly mentioned. Penultimately, the already proposed recommendations are to be stated and evaluated. Last but not least, the article concludes by asserting that a pre-agreed procedural flow for the creation of the expert opinion and concurrent examination is necessary to overcome the flaws resulting from the use of party-appointed experts that lead to the inefficiency of proceedings. To limit the subject, this article intentionally does not address the experts appointment and objection process and issues relating to the experts opinion, specifically, the assessment and weight as evidence.

Makale detayları

Use of Party-Appointed Experts in International Commercial and Investment Arbitration: Issues and Possible Solutions

Yazarlar: Ömer Faruk Kafalı

Yayıncı: Istanbul University

Ana Başlıklar: Law in Context (Other)

Dergi: Annales de la Faculté de Droit d’Istanbul Issue 75, pp.151-197

Belge Tipi: Makale

Yayın Tarihi: 6/2025

Belge Dili: İngilizce

Document ID (Org No.): 2001338597

pISSN: 0578-9745

Arbitration

experts

party-appointed experts

evidence

Sayı

Yazarlar:

Ömer Faruk Kafalı

Yayıncı:

Istanbul University

Ana Başlıklar:

Law in Context (Other)

Dergi:

Annales de la Faculté de Droit d’Istanbul Issue 75, pp.151-197

Belge Tipi:

Makale

Yayın Tarihi:

6/2025

Belge Dili:

İngilizce

Document ID (Org No.):

2001338597

pISSN:

0578-9745