Experts - Chapter 13 - Arbitration Law of Turkey: Practice and Procedure
Dr. Ziya Akinci, is the founding partner of AKINCI Law Oices, Turkey. He sits as an arbitrator in disputes under the ICC and other institute rules, including ITO and TRAC and also under ad hoc rules. Dr. Akinci acts as party counsel in arbitrations, both domestic and international, and under ICC, ICSID and ad hoc rules. He has previously been requested to provide expert opinions in some arbitration cases. Dr. Akinci is member of the ICC Court.
Originally from Arbitration Law of Turkey: Practice and Procedure
13.1 THE APPOINTMENT OF AN EXPERT
Principally, expert witnesses give an expert opinion in specialised areas of a case or dispute, which are not ordinarily within the knowledge or competence of the arbitrators. Thus the role and duty of an expert witness is to assist the court or tribunal in arriving at the true facts and position regarding technical issues within his area of expertise.
In Turkish Court practice it is very common that the Court appoints experts to examine issues related to the dispute1. Similarly, in Turkish domestic arbitration practice, experts are appointed by the sole arbitrator or arbitral tribunal to aid them in particular issues in order for them to come to their decision. In domestic arbitration appointing expert for the technical matters is very common2 The tribunal appointed experts focus on assisting the tribunal and are neutral. In the domestic arbitration practice party appointed experts are less common than arbitrator appointed (neutral) experts. However, there is nothing to hinder a party from presenting an expert opinion if it feels the arbitrators will benefit from the expert’s input.
13.1 THE APPOİNTMENT OF AN EXPERT
13.2 THE İSSUES ON WHİCH THE EXPERT MAY OPİNE
13.3 DOCUMENTS, HEARİNG PARTİCİPATİON AND SİTE VİSİTS