The Shortcoming of Civil Procedure Law in Respect of the Arbitration Expertise Order

The expertise order is of interlocutory orders that an arbitrator would make during the arbitral proceeding, when the subject is being technical. The legislator has dealt with this subject only in Article 476 of the Civil Procedure Law. This Article only provides the possibility of appointing an expert by the arbitral tribunal. It does not provide further details such as the possibility of appointing experts by the parties, experts’ knowledge and the costs and expenses of the expertise. Therefore, in this paper, while expressing the above mentioned shortcomings, we answer the following questions: should the parties be able to appoint the expert? Should the appointed expert have certain qualities such as impartiality and independence? What principles of procedure should be considered with respect to expertise order? In what manner should be the costs and expenses of expertise shall be shared or paid by the parties?