Ömer Faruk Kafalı

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Use of party-appointed experts in international commercial and investment arbitration: Issues and possible solutions
(İstanbul University Press, 2024) Kafalı, Ömer Faruk; Hukuk Fakültesi, Hukuk Bölümü
In this article, experts in international commercial and investment arbitration will be briefly explained on the basis of the appointing authority and the subject matter on which they provide their services. The legal aspects of experts will be summarised, taking into consideration sources in international arbitration and various jurisdictions. The problems that arise from the use of party-appointed experts are then briefly mentioned. Penultimately, the already proposed recommendations are to be stated and evaluated. Last but not least, the article concludes by asserting that a pre-agreed procedural flow for the creation of the expert opinion and concurrent examination is necessary to overcome the flaws resulting from the use of party-appointed experts that lead to the inefficiency of proceedings. To limit the subject, this article intentionally does not address the experts’ appointment and objection process and issues relating to the expert’s opinion, specifically, the assessment and weight as evidence.