There are many different arbitral institutions, each with their own sets of rules for how arbitrations are run. The contract will usually specify which institution’s rules are to be followed. The rules will normally have some reference to expert evidence, such as when expert evidence can be used or how experts should act.
Common Arbitral Institutions
We commonly see arbitrations under the ICC (International Chamber of Commerce’s International Court of Arbitration), the LCIA (London Court of International Arbitration), the PCA (Permanent Court of Arbitration), and the ICDR (International Centre for Dispute Resolution).
Regional and National Arbitration Centres
There are also several country institutions. Major ones include Singapore (SIAC), Hong Kong (HKIAC), China (CIETAC) and Dubai (DIAC). Scotland also has its own centre, the Scottish Arbitration Centre, and arbitrations can also be heard in Dublin International Arbitration Centre under the UNCITRAL Model Law.
Rules and Guidance on Experts
In contrast to the rules in civil proceedings, the rules for experts in arbitration tend to be short, allowing Tribunals and parties to agree specifics of the process. However, there are more detailed guidance notes available to help, which parties can choose to adopt. The Chartered Institute of Arbitrators has published its guideline “Party-appointed and Tribunal-appointed Experts” which includes as an annex a “Protocol for the Use of Party-Appointed Expert Witnesses in International Arbitration.” The International Bar Association has published it’s “IBA Rules on the Taking of Evidence in International Arbitration,” and the United Nations has published it’s “UNCITRAL Notes on Organizing Arbitral Proceedings.”
