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“Challenge for Bias of an Expert”

Decision of the Federal Supreme Court (Bundesgerichtshof) 3 November 2014 – Case No. X ZR 148/11

  • Decision • Patent Law
  • Germany
  • Published:
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  1. 1.

    An expert can be rejected for the same reasons that justify the rejection of a judge.

  2. 2.

    A suspicion of partiality does not require the expert to be biased or the court to have doubts as to his impartiality. Instead, the appearance of partiality aroused in the challenging party is sufficient to justify a rejection on the grounds of a suspicion of partiality.

  3. 3.

    This appearance must be based on facts or circumstances that from the point of view of the challenging party could give rise to the fear that the expert is not unbiased and hence not impartial with respect to the case.

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Code of Civil Procedure, Sec. 406(1) and (2). “Challenge for Bias of an Expert”. IIC 46, 592–594 (2015). https://doi.org/10.1007/s40319-015-0369-1

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  • DOI: https://doi.org/10.1007/s40319-015-0369-1

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