Topic: Expert witnesses

UK appeal court rules on duties of experts

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

English court bars experts from ICC case

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

“Witness gating” leads to set-aside in Singapore

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

GAR Live Dubai Lookback: - the (ab)use of experts in construction arbitration – where is the line between expert and advocate?

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

Russia fails to disqualify Yukos “go to guy”

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

GAR Live Stockholm Lookback: do we need legal experts?

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

Expert witness survives challenge in Panama case

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

GAR Live Lookback: repeat experts, performance bonds and disclosure in construction disputes

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

MONEY COLUMN: Winning isn’t everything

15 July 2015

Oxy panel rebuffed bid to disqualify expert

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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