When is an expert not an expert?

Abstract

This article does not set out to describe how experts are being used or should be used in international adjudication. Rather, it sets out to delimit the role of an expert conceptually, by distinguishing it from the functions of other actors, such as adjudicator, counsel and witness. Once this is done, most of the 'problems' associated with the role of experts in litigation are resolved. The role of experts is thus revealed to be one of guiding, translating, organizing and contextualizing. All that remains is for other actors, and notably the adjudicator and opposing counsel, to identify the additional functions that experts tend to arrogate to themselves, and respond accordingly.