Challenges of Employing Non-Legal Experts in International Litigations and Arbitrations

In recent years, the legal methods of dispute settlement have received more attention because of their positive features compared to other methods, and this has changed the role and status of international judges and arbitrators. Yet due to advances in technology as well as the development and promotion of science, disputes between the parties are not limited to legal issues anymore and need to be resolved by non-legal experts to pave the way for judges and arbitrators. Therefore, the process of employing non-legal experts has become an inseparable part of proceedings in international litigations and arbitrations. Despite the fact that the said process is considered a positive issue on the one hand and strengthens the credibility of the tribunals' decisions, on the other hand, it raises the question that whether the expansion of the role of non-legal experts in the process of proceedings in international litigations and arbitrations would affect the legal nature of these proceedings and the role of judges and arbitrators? It seems that existing concerns are connected to how non-legal experts are used rather than how they perform their role and this could be controlled and managed by judges and arbitrators themselves.

Keywords:

International Dispute Settlement , Non-Legal Expert , Expert Evidence , International Court of Justice , Permanent Court of Arbitration