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Arbitration definition What does Arbitration mean? Arbitration is a private process where parties resolve disputes by one or more arbitrators who issue a final, binding award instead of a court judgment. It is consensual, usually agreed by an arbitration clause, and the law of the seat governs the procedure (lex arbitri). In England and Wales and Northern Ireland, the Arbitration Act 1996 applies. Courts stay court proceedings in favour of arbitration, provide support, and enforce awards; challenges are limited to lack of jurisdiction (s.67), serious irregularity (s.68) and, unless excluded, appeal on a point of law (s.69). In Scotland, the Arbitration (Scotland) Act 2010 provides a similar...
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Expert Evidence in International Arbitration: Party- and Tribunal-Appointed Experts, ICC/LCIA/UNCITRAL and IBA Rules, Seat Law and Practical Guidance
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LexisNexis Arbitration expert
Practice notes
This Practice Note considers the framework within which expert witness evidence is presented in arbitration proceedings.
An expert witness in arbitration generally fulfils a function akin to that performed in civil court cases, broadly mirroring the role seen in civil litigation. Appointed by the parties or, more rarely, by the tribunal, the expert must provide an impartial professional opinion on the issues put to them, grounded in the evidence they are given and informed by their own expertise, skill and experience. Both parties and the tribunal may test or dispute that evidence robustly, including by questioning the analysis and reasoning, by each side where relevant, and the tribunal will determine which expert it finds more persuasive or, where there is a sole expert, whether to adopt their conclusions. Although an arbitrator might be chosen for sector knowledge, this is usually to facilitate fuller comprehension of the issues in the dispute, not to turn the arbitrator into an expert who supplies and relies upon personal opinions when issuing the award. In international arbitration in particular, arbitrators are very often lawyers (though this varies across sectors), and the expert’s role may, in part, be to educate the tribunal as well as to...
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Web page updated on 21/05/2026
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