6533b854fe1ef96bd12af298

RESEARCH PRODUCT

Some Thoughts on the Independence of Party-Appointed Expert in International Arbitration

Sébastien Manciaux

subject

Underdevelopmentmedia_common.quotation_subjectPolitical sciencePhenomenonArbitrationRelevance (law)International arbitrationImpartialityMeaning (existential)IndependenceLaw and economicsmedia_common

description

Participation of experts in both commercial arbitration proceedings and investment arbitration proceedings is a well-known phenomenon for decades. A trend asking for parties-appointed experts to be independent is under development since the end of the twentieth century. The aim of this chapter is, at first, to make the point on this issue by analysing some of the most important current rules dedicated to international arbitration. The observation to be made is that the evolution described is not that developed so far in international arbitration. In a second time the need and relevance of this new requirement are addressed. It appears then that the meaning of this demand is far from being clear and its usefulness far from being obvious.

yearjournalcountryeditionlanguage
2021-01-01
https://doi.org/10.1007/978-3-030-48393-7_4