The Inherent Powers of International Arbitral Tribunals to Exclude Party-Appointed Expert Witnesses
This article by Jack Davies, published in the
International Arbitration Law Review (2020, 23(4), 298-322), examines the scope of international arbitral tribunals' powers to exclude party-appointed expert witnesses. Reviews the role of expert witnesses in arbitrations, the distinction between tribunal-appointed and party-appointed experts, relevant ICSID case law, and the situations in which powers of exclusion might be exercised, such as where an expert allegedly held confidential pre-engagement discussions with one party but was engaged by the other.
