Another Way to Deal with Technical or Commercial Challenges of Arbitrations, by MME

Another Way to Deal with Technical or Commercial Challenges of Arbitrations, by MME

International commercial arbitrations are often complex and of a technical nature. Ensuring that arbitral tribunals have, or acquire, the necessary technical or commercial know-how is a challenge – for the parties as well as for the arbitrators. The standard solutions (party- and/or court-appointed experts) are time-consuming, costly and often carry the risk of delegating decision-making powers to the experts. Another way to ensure a technically or commercially sound and enforceable award is through the use of a consultant to the arbitral tribunal (“Arbitrator Consultant”). In this article, the authors outline the framework for the use of an Arbitrator Consultant in international arbitration and describe the implementation of this tool in practice.

**Reprinted from ASA Bulletin, Volume 33, No 1/2015, March 2015, p. 37-57, with permission of Kluwer Law International.

ASA Bulletin, March 2015, p 37-57 (PDF, 2.1 Mb)

 

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