Technical disputes in
international arbitration often involve and rely on party-appointed experts,
but this practice raises concerns about partisanship, inefficiency, and high
costs. Alternative approaches, such as tribunal-appointed experts and expert
conferencing, have yet to fully address these challenges. In response, the
Association for Innovative Practices in Arbitration (‘AIPA’), a Geneva-based
group of arbitration practitioners, issued the Rules on Technical Assistance in
International Arbitration (2022) (The Rules on Technical Assistance in
International Arbitration are appended to this article.), which introduce the
Technical Assistant, a neutral specialist who aids tribunals in understanding
complex technical matters and streamlining disputed issues, without offering
expert opinions or influencing decisions. This article explores the limitations
of traditional expert evidence, the development of the AIPA Rules, and how the
Technical Assistant model may enhance efficiency, due process, and
decision-making, in complex, technically intensive disputes.