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provide such an appointed expert with any relevant information that the expert may require and are per-
mitted to examine any document on which the expert has relied.

Similarly, Article 21 of the LCIA Arbitration Rules allows the appointment of one or more experts to re-
port to the neutral on specific issues, and the parties may be required to provide relevant information or
access to relevant documents. At a party’s request or if the neutral determines that it is necessary, the
expert will participate in one or more hearings, where the parties have the opportunity to question the
expert concerning the report and to present expert witnesses on the points at issue. The LCIA Arbitration
Rules require that such an expert remain impartial and independent of the parties throughout the pro-
ceeding.

Finally, Article 20 of the ICC ICA’s Rules of Arbitration permits the neutral to appoint one or more ex-
perts, define the scope of their work, and receive their reports. The ICC ICA’s Rules of Arbitration fur-
ther provide that the parties "shall be given the opportunity to question at a hearing any such expert ap-
pointed by the [neutral]."

In each context, therefore, a neutral expert is available to the neutral, should the neutral elect to appoint
one. The presentation of that expert’s opinions and a party’s ability to question that expert or present op-
posing evidence is dictated by the governing rules, and this is a factor to be taken into account in prepar-
ing for the arbitration.

The parties should also consider the extent to which the rules will enable them to present their own party
expert. Each institution’s rules contemplate the presentation of evidence by party-retained experts.

As with neutral-appointed experts, the presentation of that expert’s opinions and a party’s ability to
question that expert or present opposing evidence are dictated by the governing rules. See, for example,
the following:

 Article 20 of the LCIA Arbitration Rules allowing discretion to allow, refuse, or limit the appear-
ance of witnesses, either fact or expert, and permitting testimony either as a signed statement or
sworn affidavit

 Articles 17 and 27 of the UNCITRAL Arbitration Rules requiring a hearing on the request of a
party with the presentation of evidence by witnesses, including expert witnesses, and providing
that witnesses, including expert witnesses, could be presented by the parties and allowing such
testimony to be in writing and signed by the witness, respectively

 Article 20 of the ICC ICA’s Rules of Arbitration permitting the hearing of witnesses, including
experts appointed by the parties.

It is quite possible, therefore, that an expert’s direct testimony will be presented in written form only.
Furthermore, due to the restrictions on discovery previously discussed, it is possible that any cross-
examination of the expert concerning those opinions will occur at the hearing of the matter.

Requirements for the Award

Parties may want to consider whether they would like to receive a reasoned award. Whether the neutral
sets forth the reasoning behind his or her award may affect the analysis performed by the neutral (be-
cause it forces the neutral to justify his or her determination) and the enforceability of that award. For
instance, some courts internationally will not recognize an award that lacks written reasoning. The par-

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