NEWSLETTER-2019-metin

161 ARBITRATION LAW bunals ask the parties to submit a list of agreed issues and facts from which the expert evidence will be taken. In cases where one or more members of the tribunal have specific expertise, the need for expert reports can be lessened. The Report states that it can be more cost- effective if the tribunal appoints its own expert. However, in practice, party-appointed experts are still the standard. Tribunals should also be careful in assessing whether the expert is truly independent, or merely acts as a consultant for the parties while preparing its submissions, as there is a trend of using technical consul- tants throughout the proceedings. Hearing The Report suggests that the duration and allocation time of the hearing should be decided by the parties, or the tribunal should deter- mine a timetable and adhere to it. Parallel to general practice, the Report emphasizes that the factual witnesses should be heard prior to the experts. Settlement - Sealed Offer Parties can agree to settle at any time, and the tribunal should remind the parties that they allowed to. The tribunal can also invite the parties at the i.e. CMC to agree on a procedure for a sealed offer. Secretariat can also assist the parties to communicate their settlement offers or to transmit settlement offers which are not accepted to the tri- bunal subject to any confidentiality requirements. The Report strongly points out the importance of sealed offers in construction cases by suggesting that the claims are usually excessive, and the prevailing party can recover all or most of its costs 11 . 11 ICC Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration un- der the ICC Rules of Arbitration (1 January 2019, paras. 227-230), available at https://iccwbo.org/publication/note-partiesarbitral-tribunals-conduct-arbitration/ (Access date: October 2019).