Party-appointed experts in international commercial and investment arbitration: Impact on proceedings, problems and solutions

Abstract

In adjudication, legal disputes are resolved by judges or arbitrators, considering the facts of the case (Vakıâ, Sachverhalt) and ascertaining the relevant legal rules for the specific case. This act of the adjudicator is called a subsumption. The establishment of facts is the first step in any case, without regard to its criminal, civil, or international law character. Judges and arbitrators need facts and the law to perform their decision-making duty. This is also true for international commercial arbitration and international investment arbitration disputes…