Remarks on Procedural Issues concerning Scientific and Technical Evidence in Investment Arbitration

The contribution aims at analysing the procedural framework on the use of scientific experts in investment arbitration. In doing so, the study takes steps from relevant ICSID and UNCIRAL rules of procedure, the IBA soft law instrument on the taking of evidence and arbitral practice concerning quantum and legal experts who are akin to scientific experts from a procedural standpoint. This contribution comes in three parts, next to introductory and concluding remarks. It firstly addresses issues concerning the rules governing party-appointed experts, with special regard to requirements for submission of the expert report. Then, it mirrors such analysis with regard to tribunal-appointed experts. Lastly, the study provides some considerations on the assessment of the probative value of experts’ evidence.