Since the beginning of the pandemic, we are all used to conduct arbitration proceedings by video conference, thereby automatically saving costs and contributing to the efficiency of the arbitration. Nevertheless, or maybe rather because of this, the efficiency of arbitration proceedings is frequently discussed within the arbitration community. Many arbitration institutions approach this goal by including different mechanisms into their arbitration rules. The German Arbitration Institute (DIS), for example, established its Arbitration Rules Clinic consisting of different practice groups, each dedicated to specific topics.
The author of this article is a member of the practice group experts which recently presented its practice note on the use of experts in arbitration. This note provides guidance to the parties and the arbitral tribunal on the efficient conduct of expert proceedings in DIS arbitrations. It can also be useful to parties and arbitrators conducting arbitration proceedings under the rules of other institutions. The note contains a checklist of issues to consider and several tools that might be helpful while conduction the arbitration. The checklist pertains to the use of expert evidence in general (I.), party-appointed experts (II.) and tribunal appointed experts (III.). The note was presented by the leaders of the practice group on 30 June 2022.
Iurgium [previously Spain Arbitration Review]