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2 Y.B. on Int'l Arb. 75 (2012)
Practical Aspects of Using Expert Evidence in International Arbitration

handle is hein.journals/ybinar2 and id is 75 raw text is: 
















Bernd EHLE


Practical aspects of using expert evidence in
international arbitration



Table  of Contents
I     Introduction         ..................................      .........76
II    How to select the right expert..............................77
A     Defining the expert's profile................................77
B    Where  to find a suitable expert.................        ............77
C    What  characteristics are important?..........................77
D     Independence  and credibility................................78
E    Timing of expert retention.................        ................79
Ill  Written expert reports....................................80
IV    Pre-hearing discussions between experts        ......................82
V    Oral expert testimony....................................82
VI    Expert conferencing.....................................83
VII   Post-hearing involvement of experts..........................84
VIII  Conclusion............................................84


Abstract
The  complexity of disputes in international arbitration often calls for experts to
assist arbitral tribunals in making their decisions. It is crucial that parties and their
counsel know  what characteristics they have to look for in an expert, how to find
an expert, and how  to employ  an expert to best serve their case. Experts are
involved in numerous stages of the arbitral process, and can assist by means of
written reports, oral testimony, consulting, or any combination thereof. This paper
explains the practical role of experts in international arbitration today, and offers
advice on how counsel should use them  to their clients' advantage.1


Keywords
Experts, witnesses, testimony, technical cases, evidence, report, valuation, ex-
pert conferencing


1    This article is a revised version of a paper presented at the 6th Biennial Symposium
     on  Arbitration, Mediation and ADR of the Center for International Legal Studies
     (OILS), held in Salzburg on 10-13 June 2010.
                                                                           75

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