Specialists

In international arbitration, experts play a specialized technical role aimed at assisting the arbitral tribunal in the understanding and evaluation of complex issues that, in some cases, go beyond legal knowledge, such as financial, economic, accounting, engineering, construction, energy, or damages valuation matters. Their participation is framed by the principles of party autonomy, procedural equality, and due process, and is conducted in accordance with the applicable rules of institutional or ad hoc arbitration, as well as international best practices and standards, including soft law instruments on evidence in international arbitration. soft law sobre prueba en el arbitraje internacional.

From a functional perspective, experts in international arbitration act as instruments of technical clarification for the tribunal’s decision-making, whether as party-appointed experts or as experts appointed by the arbitral tribunal itself. Their reports, testimony, and any expert conferencing sessions (commonly referred to as “hot-tubbing”) are subject to adversarial scrutiny and the tribunal’s free assessment. In this context, the evidentiary weight of expert opinions depends on their methodological soundness, technical coherence, and independence, thereby contributing to the quality, rationality, and legitimacy of the arbitral award, without replacing the tribunal’s decision-making function.