Although arbitrators are often chosen because of their expertise on a specific discipline, the parties or the tribunal may appoint experts to clarify and elaborate on specific issues.

In U.S. litigation and arbitration, experts are usually selected by the parties. In England and continental Europe, experts are usually court-appointed. In international arbitration, both solutions are frequently used – parties may appoint their own experts, and tribunals may also do so if considered necessary.

Generally, an expert report should contain

  • A description of the expert’s background and professional qualification;
  • A summary of the facts on which the expert is basing his or her opinions, as well as the methods, evidence and information used to reach that conclusion;
  • The expert’s opinion on the specific issue in question;
  • A confirmation of the expert’s genuine belief in the opinions presented in the report.