Ethical Duties Of Party-Appointed Expert(s) In Arbitral Proceedings

The UNCITRAL Model Law on International Commercial Arbitration imposes ethical duties on arbitrators, most notably the obligations of impartiality and independence and the related duty of disclosure. Pertinently, arbitration proceedings involve disputes wherein issues require technical, scientific, legal, or financial expertise, leading parties to appoint an expert(s) to support their position and assist the arbitral tribunal.¹

In this regard, while there is guidance for the expert appointed by the tribunal², there is not a lot of guidance as to the ethical duties of the experts appointed by parties. National laws do not contain more detailed provisions on party-appointed experts either. They solely refer to tribunal-appointed experts.³ The UNCITRAL Model Law on International Commercial Arbitration & the Arbitration and Conciliation Act, 1996 (India) is silent regarding the ethical duties of party-appointed experts. The aforesaid vacuum in national