Expert Assessment as a Type of Pre-Arbitration Procedure in the Sphere of Foreign Trade
01.06.2008, Yuri P. Tsvetkov
The author considers in detail the issues of participation of experts in pre-arbitration procedures of dispute resolution in the sphere of foreign trade. Of special interest is the consideration of the objectives of expert examination, the characteristics of the expert examination report and responsibility of experts, as well as the obligation of the parties to resort to expert examination before referring the dispute to arbitration, if their contract so stipulates. The author stresses the importance of incorporation in contracts of clauses, thoroughly formulated with the assistance of legal counsel, providing for application to experts. In the opinion and from experience of the author, such provisions will help to avoid disputes between the parties regarding the status of experts, their powers and decisions made by them.