Party-appointed experts in international arbitration: Impact on proceedings, problems and solutions

In this thesis, experts, both tribunal-appointed and party-appointed experts, confronted in international commercial and investment arbitration will be examined and explained in depth. The thesis aims to achieve to determine the underlying reasons that lead to problems in practice originating from the use of party-appointed experts, suggest solutions to the problems in practice originating from the use of party-appointed experts, and consequently, prevent recourse against arbitral awards and the denial of recognition and enforcement of arbitral awards, due to issues relating to party-appointed experts. In this study, more than one research method such as theoretical, comparative and qualitative research will be used. In this context, sources and elements of international arbitration proceedings like statutes of states, international arbitration rules, court and arbitration decisions, guidelines, surveys and doctrinal works will be used. After analysing all these data sets, the problems and the elements that will serve a more effective and efficient use of experts will be determined theoretically and practically. In the first chapter, the subject matter, the aim of the thesis, its scope and limits as well as the research methodology and literature review will be explained. In the second chapter, the use, importance and impact of both tribunal-appointed and partyappointed experts in the realm of international arbitration proceedings will be stated. In the third chapter, party-appointed experts will be analysed in depth. In the fourth chapter, the problems resulting out of the use of party-appointed experts in international arbitration proceedings will be identified. In the last chapter, already proposed solutions to the problems will be analysed and critically assessed. Solutions to shortcomings encountered in practice that led to inefficiency of the proceedings will be pointed out. Last but not least, the thesis will conclude by asserting that adherence to a code of conduct and a pre-agreed procedural flow for the creation of the partyappointed expert opinion and concurrent examination is necessary to overcome the flaws resulting from the use of party-appointed experts that lead to the inefficiency of the proceedings.