Expert’s Opinion and Appraiser’s Report in Internationa Arbitration

The arbitral tribunal may consult an expert on a fact in issue of the case that requires professional knowledge or experience. Where it deems it necessary, an appraiser may be appointed to conduct an appraisal and submit an appraiser’s report.

Either disputing party, or both disputing parties jointly, may submit a request for consultation or appraisal on specific issues of a case. Such a request shall be subject to approval by the arbitral tribunal at its sole discretion. Such an expert or appraiser may be a Chinese or foreign entity or individual.

The requesting party or both parties, as the case may be, shall advance the consultation/appraisal fees, and the attendance fees where appropriate, of such expert and appraiser as decided by the arbitral tribunal, and shall produce and deliver the documents, materials, property, or other items required for consultation/appraisal at the request of the arbitral tribunal. In case of failure to advance the consultation/appraisal fees or attendance fees or produce and deliver the documents, materials, property, or other items, the arbitral tribunal may, at its sole discretion, decide not to appoint an expert or appraiser or call on them to testify, as the case may be.

An expert’s opinion or appraiser’s report shall be delivered to both parties for comments. At the request of either party and with the approval of the arbitral tribunal, the expert or appraiser may be called on to be examined and cross-examined at a hearing if the arbitral tribunal deems it necessary.

The safety and interests of witnesses, experts, appraisers, and other participants shall be protected. No person, whether a disputing party, an arbitral tribunal, or any other entity or individual, may prevent any witness, expert, or appraiser from testifying by violence, threatening, or bribing, or cause any other to give false testimony by instigating, bribing, or coercing, or insult, slander, frame, batter, or retaliate against any witness, expert, appraiser, interpreter, or any other person participating in arbitration proceedings. If any person committing any such act, a fine and/or detention, or even criminal liability may be imposed on him.