Preview

Kutafin Law Review

Advanced search

EXPERTS AND EXPERT EVIDENCE IN INTERNATIONAL ARBITRATION

https://doi.org/10.17803/2313-5395.2017.1.7.050-063

Full Text:

Abstract

The article analyzes important issues of the arbitration process in particular experts and expert evidence problems - both in common and civil law jurisdictions. It covers legal proceedings and arbitrations as well as the limits to the use of expert evidence. The overall objective of this paper is to provide the reader with an appreciation of expert evidence, some of the current debates on its use, and how to challenge it when it is used. The paper also contributes to the current debates on expert evidence. The key point here is that it is an opinion - what the expert thinks - which is of evidentiary value. Ordinarily, evidence is fact based, not opinion based. Such opinions, therefore, have to reach a very high standard in proceedings where they are used. If judgments and decisions are to use, and be based upon such opinions, they have to be sound, and be anchored in a real expertise.

About the Authors

C. Goddard
Kutafin Moscow State Law University (MSAL)
Russian Federation


I. Goddard
Kutafin Moscow State Law University (MSAL); Ruperti Project Services International
Russian Federation


References

1. National Justice Compania Naviera SA v Prudential Assurance Co Ltd (“The Ikarian Reefer”) [1993] 2 Lloyds Rep 68. Queen’s Bench Division (Commercial Court), before Cresswell J.

2. National Justice Compania Naviera SA v Prudential Assurance Co Ltd (“The Ikarian Reefer”) [1995] 1 Lloyds Rep 455, Court of Appeal (Civil Division), before Stuart-Smith, Farqharson, Evans LJJ.

3. National Justice Compania Naviera SA v Prudential Assurance Co Ltd (“The Ikarian Reefer” (No2)) (2000) 1 Lloyds Rep 129 Court of Appeal. [2000] 1 Lloyd’s Rep. 129.

4. http://www.theoi.com/Olympios/JudgementParis.html


For citation:


Goddard C., Goddard I. EXPERTS AND EXPERT EVIDENCE IN INTERNATIONAL ARBITRATION. Kutafin Law Review. 2017;4(1):50-63. https://doi.org/10.17803/2313-5395.2017.1.7.050-063

Views: 76


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2713-0525 (Print)
ISSN 2713-0533 (Online)