Three roles that are rarely explained – but which can determine the outcome of a case
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Your dispute concerns the quality of construction work or medical equipment. Do you know how to appoint an independent expert and whose opinion the court will recognize as authoritative?
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Do you know the difference between an arbitration interpreter and a regular interpreter—and why can’t you just bring your own?
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Why is a meeting secretary needed and who pays for his work?
An IT company was suing a client over the quality of a developed system. The client claimed the system was malfunctioning. The developer insisted everything met the technical specifications. Both sides argued technically convincingly. The court was not an expert in programming.
A technical expert was appointed. His report became decisive evidence.
Expert: When is it needed and how does it work?
An arbitration expert is a specialist engaged to resolve issues requiring specialized knowledge: the quality of construction work, the compliance of goods with technical requirements, the market value of assets, the technical functionality of software, and medical issues.
Who can be an expert: an accredited specialist in the relevant field, an organization with the appropriate license or accreditation, in some cases - an expert proposed by one of the parties and accepted by the court.
Appointment: at the request of one of the parties or at the court’s initiative. The parties may agree on a candidate, or the court selects one independently. The expert is presented with specific questions formulated by the parties and the court.
Who pays: Typically, the party filing the motion for an expert opinion advances the costs. At the end of the case, the losing party recovers the costs of the expert opinion.
An important detail: following the July 2024 amendments, an arbitral tribunal has the right to petition a state court for assistance in obtaining evidence if it is unable to obtain it itself. This new tool expands the capabilities of expert examination.
Translator: Rules that protect the process
An interpreter in an arbitration court ensures that a party or witness who does not speak the language of the proceedings can participate in the proceedings.
A key requirement: the interpreter must be neutral and independent. Bringing “your own” interpreter is not permitted, as this creates a conflict of interest. The court may appoint the interpreter itself or agree on a candidate with both parties.
Interpreter’s responsibility: The interpreter is warned of the need to provide a conscientious translation. A knowingly incorrect translation is grounds for challenging the results of the hearing.
Who pays: The party requiring the translation bears the costs. If the claim is fully satisfied, the translator’s costs may be recovered from the defendant as part of the procedural costs.
Secretary of the meeting: role and importance
The secretary of the meeting keeps minutes—an official record of the proceedings. The minutes include: the list of participants, motions filed and decisions made on them, a summary of the parties’ positions, the evidence presented, and the outcome of the meeting.
Why is this important? The protocol is an official document confirming the proceedings. If one of the parties wishes to challenge procedural violations, the protocol will be key evidence of what transpired.
Audio recording: Under the 2024 amendments, arbitration tribunals have the right to audio or video record proceedings. This provides additional protection against disputes over the content of procedural actions.
Who pays: The secretary’s costs are included in the general costs of the proceedings and are usually covered by the arbitration fee paid.
Three practical conclusions
First: if your dispute involves technical issues that the court cannot assess without specialized knowledge, file a motion for an expert opinion. A strong expert opinion often determines the outcome of the case.
Second: if you need an interpreter, don’t bring “your own person.” Coordinate the candidate with the court. A neutral interpreter builds trust in the process.
Third: ask the court to keep minutes and audio recordings of the hearing. This will protect you no matter what happens.
In a complex dispute, a well-chosen expert is worth more than the best lawyer.
This article is for informational purposes only and does not constitute legal advice.