Newsletter-21

211 ARBITRATION LAW Party Appointed Experts Expert witnesses appointed by the parties in complex cases is one of the most common methods preferred by the parties and the tribu- nals. Pursuant to Article 5 of the IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules”), an expert report should contain the name, address of the expert, a declaration stating his or her past or present relationship with the parties, advisors and the tribunal, a statement of qualifications, experience, education and background. It is very important for the tribunal to have a clear understanding with regard to the qualifications of the expert who would affect the tribu- nal’s impression of the expert. One of the most important characteristics that an expert should have is credibility. This is primarily created through the expert’s ex- perience and qualifications. Such information is usually exhibited to the expert report as the expert’s curriculum vitae. Another significant aspect of an expert opinion is independence and objectivity. As stated in the above-paragraph, an expert will disclose his or her present and past relationship with the people involved in the proceedings, namely, the parties, tribunal, and advisors, in addition to providing a statement of independence. An expert’s credibility is directly related to his or her independ- ence. This could not be solely achieved through the disclosures or the statement of independence. It is crucial that the opinion given by the expert with its reasoning clearly portrays such objectivity. Besides having an impressive resume, the content of the expert report will have the biggest impact on the tribunal. The two important elements of credibility and independence must be evidenced by the report. This will be achieved through the reasoning of the opinion, the supporting documents that are submitted, language and methodology. The IBA Rules under Art. 5 (d) and (e) also provide that the re- port should include facts that it is based on, opinions and conclusions, including methods as well as evidence and information that is used to shape the opinion. It is important that the expert does not act as the arbitrator and give an opinion as to how the case should be resolved;