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11 Technical and Legal Experts in International Investment Disputes

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Chapter Summary

The use of experts in international arbitration appears to be increasing. This chapter sets out the procedural framework provided by the respective regimes under the institutional rules of the International Centre for Settlement of Investment Disputes (ICSID) and the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules. It then considers the optional International Bar Association (IBA) Rules on the Taking of Evidence in International Arbitration. The chapter addresses the types of experts used in investment disputes by reference to some investor-State arbitrations under ICSID Arbitration Rules and UNCITRAL Arbitration Rules. It takes a step by-step approach to consider practical aspects of use of experts in investment disputes throughout different stages of an investment dispute, such as selection and appointment of an expert and the presentation and testing of expert evidence. The chapter then assesses the use of recent procedural developments to control expert evidence in international investment disputes.

Keywords: ICSID; International Bar Association; international investment disputes; procedural developments; UNCITRAL



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