The Inherent Powers of International Arbitral Tribunals to Exclude Party-Appointed Expert Witnesses

The Inherent Powers of International Arbitral Tribunals to Exclude Party-Appointed Expert Witnesses

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This article by Jack Davies, published in the International Arbitration Law Review (2020, 23(4), 298-322), examines the scope of international arbitral tribunals' powers to exclude party-appointed expert witnesses. Reviews the role of expert witnesses in arbitrations, the distinction between tribunal-appointed and party-appointed experts, relevant ICSID case law, and the situations in which powers of exclusion might be exercised, such as where an expert allegedly held confidential pre-engagement discussions with one party but was engaged by the other.

Contributors