An arbitration dilemma: party-appointed experts vs. tribunal-appointed experts. A comparative study

Arbitration, as an alternate method of solving disputes, is greatly reliant on its capacity to offer an efficient procedure, in terms of costs involved and time consumed to reach a decision on parties’ disputes. Taking of evidence in a cost and time effective manner is, therefore, a vital issue, one...

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Main Author: Ioan Schiau
Format: Article
Language:English
Published: Bucharest University of Economic Studies 2022-10-01
Series:Juridical Tribune
Subjects:
Online Access:https://tribunajuridica.eu/arhiva/An12v3/2.%20Ioan%20Schiau%20EN.pdf
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author Ioan Schiau
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author_sort Ioan Schiau
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description Arbitration, as an alternate method of solving disputes, is greatly reliant on its capacity to offer an efficient procedure, in terms of costs involved and time consumed to reach a decision on parties’ disputes. Taking of evidence in a cost and time effective manner is, therefore, a vital issue, one that the parties and the arbitral tribunal consider with the utmost care; it is the screen that reflects the image that the parties are trying to credit as being the truth. Expert witnesses are often called upon to present a professional view on technical or economic aspects that cannot be decided by the arbitral tribunal without proper expert information. The object of this study is to offer a comparative analysis of the choices that the parties and the arbitral tribunal have to make in taking expert evidence as well as the implications of these choices.
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spelling doaj.art-032f8e4ec5e846a28dd0dfa8c10a45432024-04-08T07:43:00ZengBucharest University of Economic StudiesJuridical Tribune2247-71952248-03822022-10-0112332934510.24818/TBJ/2022/12/3.02An arbitration dilemma: party-appointed experts vs. tribunal-appointed experts. A comparative studyIoan Schiau0Faculty of Law of the Transilvania University of Braşov, RomaniaArbitration, as an alternate method of solving disputes, is greatly reliant on its capacity to offer an efficient procedure, in terms of costs involved and time consumed to reach a decision on parties’ disputes. Taking of evidence in a cost and time effective manner is, therefore, a vital issue, one that the parties and the arbitral tribunal consider with the utmost care; it is the screen that reflects the image that the parties are trying to credit as being the truth. Expert witnesses are often called upon to present a professional view on technical or economic aspects that cannot be decided by the arbitral tribunal without proper expert information. The object of this study is to offer a comparative analysis of the choices that the parties and the arbitral tribunal have to make in taking expert evidence as well as the implications of these choices.https://tribunajuridica.eu/arhiva/An12v3/2.%20Ioan%20Schiau%20EN.pdfarbitrationexpert witnessesindependents expertsparty-appointed experts
spellingShingle Ioan Schiau
An arbitration dilemma: party-appointed experts vs. tribunal-appointed experts. A comparative study
Juridical Tribune
arbitration
expert witnesses
independents experts
party-appointed experts
title An arbitration dilemma: party-appointed experts vs. tribunal-appointed experts. A comparative study
title_full An arbitration dilemma: party-appointed experts vs. tribunal-appointed experts. A comparative study
title_fullStr An arbitration dilemma: party-appointed experts vs. tribunal-appointed experts. A comparative study
title_full_unstemmed An arbitration dilemma: party-appointed experts vs. tribunal-appointed experts. A comparative study
title_short An arbitration dilemma: party-appointed experts vs. tribunal-appointed experts. A comparative study
title_sort arbitration dilemma party appointed experts vs tribunal appointed experts a comparative study
topic arbitration
expert witnesses
independents experts
party-appointed experts
url https://tribunajuridica.eu/arhiva/An12v3/2.%20Ioan%20Schiau%20EN.pdf
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