There appears to be a growing tendency towards allowing parties to use their own experts under Danish arbitration law. However, the general skepticism against party–appointed experts in the Danish “procedural culture” still dominates and effectively eliminates the influence, which party appointed experts often have on the outcome of international arbitration proceedings.
Danish arbitrators prefer using tribunal–appointed experts, whose influence on the outcome of the case is generally overwhelming. The parties can make recommendations as to the number and choice of the expert(s) to be appointed by the tribunal; but ultimately it is the arbitrators who decide on these crucial issues if the parties cannot agree.
The main purpose of the article is to provide some practical guidance to international legal practitioners as to how experts in general should be used in the context of arbitrations taking place in Denmark. Furthermore, some recommendations are made in regard to regulating the issue of the use of experts in Danish arbitration agreements.ASA Bulletin