Expert evidence can be central to a property-price dispute, but a party’s dissatisfaction with an opinion is not, by itself, a reason to disregard it or seek a new examination. The court evaluates the opinion together with the full evidentiary record.
When an arbitrazh court appoints an expert
Article 82 of the Arbitrazh Procedure Code allows the court to appoint an expert examination where issues requiring specialised knowledge arise. The court defines the questions, while the parties may propose questions, suggest experts or institutions, challenge an expert and examine the resulting opinion.
Disagreement is not enough
An opinion should be assessed for its methodology, completeness, source materials, answers to the court’s questions and consistency with other evidence. A party should identify a specific procedural or evidentiary defect rather than simply argue that the result is unfavourable.
Additional and repeat examinations
Article 87 distinguishes two situations. An additional examination may be appointed where an opinion is unclear or incomplete, or further questions arise about matters already examined. A repeat examination may be appointed where there are doubts about the substantiation of the opinion or contradictions in conclusions on the same questions; it is entrusted to another expert or commission.
Checklist for reviewing an expert opinion
- Was the expert properly appointed and was the scope of work clear?
- Did the opinion answer the questions stated in the court’s order?
- Were the relevant documents and objects made available to the expert?
- Does the reasoning disclose the method and assumptions used?
- Are there internal contradictions or conflicts with reliable case materials?
- Is an additional or repeat examination justified by a concrete defect?
At the appeal stage
An appeal must address identified errors in the first-instance decision and the evidence supporting them. Arguments about expert evidence are stronger when they explain how the alleged defect could have affected the legal conclusion, rather than repeating a party’s preferred valuation.
Legal assistance
I help analyse court expert opinions, formulate procedural objections and prepare appellate positions in commercial and property disputes. The assessment focuses on the court order, evidence and the actual reasoning of the opinion.