Jurisdiction(s):
United Kingdom

International expert evidence in litigation and arbitration: duties, appointment models, and procedural tools (CPR 35, IBA/CIArb, Prague Rules, cross-examination and hot-tubbing)

Published on: 25 March 2025

Published by a LexisNexis Arbitration expert

Legal News

Article summary

The duty of the expert witness

The litigation process is usually regulated by strict procedural rules in each jurisdiction, which often outline an expert’s role and obligations. In England, for example, experts are addressed in the Civil Procedure Rules, Part 35 (CPR 35). These provisions set out, among other things, how experts are appointed, the expert’s duty, and the required structure and substance of an expert report. CPR 35 further requires the expert to include in his or her report a statement confirming independence. It makes clear that an expert’s role is to assist the court on matters within their expertise, and that this paramount duty takes precedence over any duty owed to the instructor or the party funding the engagement.

By contrast, in arbitration there is generally no specific regulatory framework for experts within most institutional procedure rules. The rulebooks of the International Chamber of Commerce, the London Court of International Arbitration, the United Nations Commission on International Trade Law and the International Centre for Settlement of Investment Disputes permit expert evidence but place few demands...

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