Originally from:
Chamber of Arbitration of Milan Rules: A Commentary - Hardcover
Chamber of Arbitration of Milan Rules: A Commentary - Electronic
ARTICLE 26 – EXPERTS
1. At the request of one of the parties or by its own initiative,
the Arbitral Tribunal may appoint one or more experts or
delegate the appointment to the Chamber of Arbitration.
2. The expert shall comply with the duties of independence
imposed on the arbitrators under these Rules. The
challenge provisions relating to arbitrators shall also apply.
3. Where any expert is appointed, the parties may appoint
their own experts.
4. The expert of the Arbitral Tribunal shall allow the parties
and their experts, if any, to assist in the expert’s activities.
1. Introductory remarks
1.1. Article 26 Milan Arbitration Rules empowers the arbitral tribunal
to appoint one or more experts and deals with few related issues, without
entering into great detail as to the number of procedural options which
may arise in connection therewith. The choice to set out some general
guidance only is particularly wise, since it is consistent with the nature
and purpose of arbitration, conferring freedom to the parties and to the
arbitral tribunal to decide the best rules applicable in the specific case,
without formalities typical of judicial proceedings.
Moreover, the flexibility of the proceeding is particularly important
with respect to expert evidence, where it could be complicated to reach
an efficient balance between legal certainty, costs and time.
1.2. For the purposes of this comment we assume that, unless
otherwise expressly stated, the seat of the arbitration is located in Italy
SUMMARY
1. Introductory remarks.
2. The importance of experts; the subject matters which may be deferred to experts.
3. Civil law vs. common law practices and Article 26.
4. Selection and appointment of experts.
5. Experts’ acceptance and duty of independence.
6. Procedure and due process.
7. Experts’ reports.
8. The role of experts and the effects of their reports on arbitral tribunal’s decision of the case.
9. Experts’ fees and responsibility.
FILIPPO CORSINI is Professor of Civil Procedure at the University of
Modena and Reggio Emilia and partner of Chiomenti Studio Legale. He
is active in the fields of arbitration, litigation, mergers and acquisitions
and commercial law. He acted as counsel, sole arbitrator, party appointed
arbitrator and chairman in several ad hoc and institutional arbitrations,
mainly relating to corporate and commercial matters, as well as turnkey
and construction contracts. He is the author of two monographs and of
several essays on civil procedure and arbitration.
