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The Court of Appeal in London has ruled that expert witness firm Secretariat breached a contractual duty to avoid conflicts of interest when it accepted appointments from different parties in related ICC construction cases – while refusing to hold that experts owe a fiduciary duty of loyalty to their client.
11 January 2021
The High Court in London has blocked a consulting firm from providing expert witness services in an ICC arbitration over a petrochemical plant, finding it was conflicted because an Asian affiliate of the firm was already instructed by the opposing side in another ICC case over the same project.
14 April 2020
The Singapore High Court has set aside an award against an Indian steel manufacturer after finding that the sole arbitrator had denied it the right to a fair hearing by declining to call any of its seven witnesses.
02 March 2020
On the eve of this year’s GAR Live Dubai, we look back to 2018’s edition, and session three, in which Mark McNeill and panel tackled one of the great conundrums: why is it that reputable independent experts – who would never testify “contrary to their own conviction” nonetheless reliably end up producing work that favours the side who appointed them. What’s the alchemy at work, and can it be reformulated?
19 November 2019
A Canadian court has rejected Russia’s bid to disqualify a US academic from giving expert evidence on behalf of a former investor in the defunct Yukos Oil Company, finding that the fact he may have become the “go to guy” for parties suing the state did not prove that he lacked independence.
05 August 2019
On the eve of this year’s GAR Live Stockholm, we revisit the inquisition panel from last year, 2018, where Jennifer Kirby, Angeline Welsh, Shai Wade, Robin Oldenstam, Tina Cicchetti, Mattias Rosengren and Larry Shore debated the pros and cos of using legal experts to establish the ‘fact’ of any applicable law.
20 May 2019
An ICSID tribunal hearing a case between US subsidiaries of Japanese tyre maker Bridgestone and Panama has refused to remove an expert witness hired by the state to give evidence on Panamanian law, where he had previously been in discussions with the claimants’ counsel about giving evidence for them.
08 January 2019
Do 'professional' expert witnesses actually assist tribunals and are they independent if their business is to get repeat appointments from parties? This and other hot topics for construction specialists were debated at the last GAR Live Dubai
05 October 2016
15 July 2015
Ecuador made a last-ditch attempt to disqualify one of Occidental's expert witnesses on the ground that he was acting with the company's lead counsel in another case against the state, last week's ICSID award reveals.
10 October 2012
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