Forensic Examination of the Arbitration Process

Grounds for ordering an examination

An arbitration court orders a forensic examination whenever a dispute cannot be decided on its merits without special knowledge in science, technology, art or craft.

The party seeking an examination files a written motion and announces it at the hearing. The motion lists the questions the party would like the expert to answer. It is advisable to attach consent letters from the expert organizations the party proposes and to pay the examination fee into the deposit account of the arbitral tribunal.

The court’s decision

After reviewing the motion, the court grants it or turns it down, giving reasons for a refusal. Once the motion is granted, a ruling is issued that sets out the questions, the deadline and the person or organization entrusted with the work.

A common misconception is that the judge will simply accept the organization named in the motion together with the party’s own list of questions. Since it is the court that orders the examination, the judge decides on both the expert organization and the final wording of the questions. The opposing side enjoys equal rights to propose questions and experts.

Before the hearing: talking to the experts

Questions are best drafted after a personal meeting with the experts, where you can discuss the case, receive a letter of agreement to carry out the examination and settle its price. Such a meeting covers only the questions and the consent to do the work; arranging the answers in advance is out of the question.

No expert can give answers before the research has been done, and only the truth leads a party to justice. A conversation with specialists also pays off in another way: it shows the prospects of the case more clearly, helps refine unclear questions and may open the way to a settlement with the other side.

Consultations on construction, technical and valuation matters are free of charge. We will be pleased if a talk with us helps you find a reasonable compromise with your opponents.