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ARTICLE · 02 JUNE 2025

The Role Of Experts In Ensuring Due Process In International Arbitration

Due process is a fundamental principle in legal proceedings that ensures fairness, transparency, and the right to a fair hearing. While traditionally viewed as procedural, due process encompasses...

United StatesLitigation, Mediation & Arbitration

Introduction

Due process is a fundamental principle in legal proceedings that ensures fairness, transparency, and the right to a fair hearing. While traditionally viewed as procedural, due process encompasses more than just the steps followed; it includes the equitable presentation of facts and evidence. This paper explores the role of experts in maintaining due process, examining when and how they should be involved, the dynamics of expert reports, and innovative methods, including joint expert reports and expert presentations.

Due Process: Procedural and Beyond

Due process is not merely about following prescribed legal procedures; it is about ensuring that all parties have the opportunity to present their case fairly. Due process involves the unbiased presentation of facts, allowing the tribunal to make informed decisions. This holistic view underscores the importance of accurate and comprehensive fact presentation in legal proceedings.

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