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Discusses the use of Experts (Engineers, Architects, Physicians and others) and lawyers in Commercial Arbitration.

Who Shall be the Arbitrators  One who is chosen by the opposite parties in a dispute to arrange or decide the difference b...
WHO SHALL BE THE ARBITRATORS  Originally published in Arbitration, the Journal of CIArb, and reproduced here, in an edited...
some aspects of commercial relationships can be understood only in the context of the law which properly applies to them. ...
In this paper I wish to look at the contending views. Those who propound the case for arbitration by commercial and techni...
That special class, of what may be called legal Arbitration, together with political arbitration, such as might be employe...
1. The parties, by choosing arbitration, have chosen to exclude lawyers as arbitrators. This view is not tenable for sever...
2. That the lawyer has a narrow view that impairs his ability to deal with complex technical matters or to exercise the br...
3. That the lawyer is committed to the forms of legal procedure. This point needs to be considered with some care, because...
Now, turning to the points made for the exclusive jurisdiction of lawyers, that is to say against the involvement of non-l...
4. That the procedures of the law are complex and the pitfalls understood only by lawyers In some jurisdictions, the proce...
likely to be a knotty matter to resolve but logic is likely to be as useful as law in that resolution. In international di...
5. That the examination of witnesses and the assessment of evidence is in the exclusive competence of the Courts and those...
ity at law is a matter of rule  although a measure of discretion may be available . Those that are not admissible are not ...
6. That an Award, unless drawn in special legal terms, cannot have the intended legal and commercial effect. The effect of...
The argument, as to who should be the Arbitrators, continues. Each candidate has merits  the practising lawyer, the engine...