Briefing: The expert witness and international arbitration rules

This briefing provides an outline comparative study of institutional arbitration rules published since the UNCITRAL Model Law, from the perspective of a practising expert witness. The article compares and contrasts procedures published in civil and common law jurisdictions and their alternative emphases on tribunal appointees and party appointed experts. It also highlights examples of different rules, identifying typical provisions and highlighting any unusual aspects. The regional rules considered in the article will be the current editions of AAA, ACICA, ADCCAC, CIArb, DIAC, HKIAC, ICC, ICE, ICSIC, LCIA, LMAA, SIAC, SCC and UNCITRAL. In addition, the IBA and CIArb rules, as evidential overlays to these regional rules are also considered.