Arbitration and Conciliation Act Section 26 — Expert appointed by arbitral tribunal
CHAPTER V — Conduct of arbitral proceedings
Civil
Summary
Sub-section (1) sets out what the arbitral tribunal may do unless the parties have agreed otherwise. Under clause (a), the tribunal may appoint one or more experts to report to it on specific issues that the tribunal itself needs to decide. Under clause (b), the tribunal may also require a party to give the expert any relevant information, or to produce or provide access to any relevant documents, goods, or other property so the expert can inspect them.
Sub-section (2) deals with the expert's participation in a hearing after delivering a report, unless the parties have agreed otherwise. If a party requests it, or if the arbitral tribunal considers it necessary, the expert must take part in an oral hearing where the parties can ask the expert questions and can also present their own expert witnesses to testify on the points at issue.
Sub-section (3) concerns access to materials used by the expert, unless the parties have agreed otherwise. If a party requests it, the expert must make available for that party's examination all documents, goods, or other property in the expert's possession that were provided to the expert in order to prepare the report.
Official Text
(1) Unless otherwise agreed by the parties, the arbitral tribunal may—
(a) appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal, and
(b) require a party to give the expert any relevant information or to produce, or to provide access to, any relevant documents, goods or other property for his inspection.
(2) Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, the expert shall, after delivery of his written or oral report, participate in an oral hearing where the parties have the opportunity to put questions to him and to present expert witnesses in order to testify on the points at issue.
(3) Unless otherwise agreed by the parties, the expert shall, on the request of a party, make available to that party for examination all documents, goods or other property in the possession of the expert with which he was provided in order to prepare his report.