The Arbitration Committee of the Polish Bar Council has published the report “Expert witness opinion in arbitration proceedings” which aim at promoting the best practices regarding the expert evidence in arbitration. The contribution edited by Maciej Łaszczuk and Rafał Morek covers the most important problems of practice in this regard.
The report examines two basic models of appointing experts in arbitration: by the parties themselves and by the tribunal, and includes an analysis of the questions of experts’ qualifications and independence. The authors also elaborate on requirements of the expert opinion as well as the formula of the expert examination during the hearing. Finally, the report covers the problems concerning supplementary opinions which in many case need to be submitted after the experts gave oral testimonies.
It should be noted that the Report was prepared on the basis of the experience of both domestic and international arbitration. Many times, the authors refer to soft law prepared by international organization e.g. CIAarb Guidelines on the use of Tribunal-Appointed Experts, Legal Advisers and Assessors and IBA Rules on the Taking of Evidence in International Arbitration.
The authors emphasise that thanks to the rules allowing for optimisation of the use of expert evidence, arbitration is free from flaws which are present in state courts proceedings. This is why, the Report may not only be a source of knowledge for arbitration practitioners but also of an inspiration for the judges and the lawmaker.
The authors of the Report are the member of the Arbitration Committee of the Polish bar Council:
Rafał Kos, Bartosz Krużewski, Maciej Łaszczuk, Małgorzata Modzelewska de Raad, Rafał Morek, Paweł Pietkiewicz, Wojciech Sadowski, Małgorzata Surdek, Justyna Szpara.
The Report was published as a supplement to the Journal of the Polish Bar Council „Palestra” and is also available online (in Polish only).
Prepared by: Aleksandra Orzeł, associate, Łaszczuk& Partners