ABSTRACT
General admonition to remain neutral and independent : As is noted in article 6.2 of the IBA Rules, a tribunal-appointed expert is required to remain neutral and objective in the conduct of his or her investigation. An expert’s terms of reference may contain a general admonition to this effect, similar to the following: “[the Tribunal] invites the experts to, at all times, adhere to the principle of contradictory proceedings, which notably implies that the two parties be informed of each communication of the expert to either party, of each and every request for information, that each interview takes place in the presence of both parties and that each party be placed in the position of submitting their observations and suggestions.” 43 As is discussed below, neutrality is a vital aspect of the expert’s engagement, without which, the report may be rendered unusable.
