The competence of an arbitrator in enforcing the duties of expert witnesses
A useful article on the Kluwer Arbitration Blog about the use of expert witnesses in arbitration. A question arises as to whether part-appointed expert’s duty to the arbitration is the same as it would be in court, where it is understood that the primary duty is to the court itself. The article also addresses the […]
Impact of technology on expert evidence in arbitration
In an article in the ACICA Review, published by the Australian Centre for International Commercial Arbitration, Ruby Lee and David Van Homrigh of KordaMentha assess the experience of a year of virtual hearings in arbitration, particularly as regards expert evidence. The article is entitled ‘Expert evidence – the value-add of virtual’. The authors conclude as […]
Expert witness had fiduciary duty to client
In a recent decision by the High Court of England and Wales, it was concluded that an expert witness had a fiduciary duty to the client, independent of the duty to the court. In A v B [2020] EWHC 809 (TCC) (03 April 2020), the expert had agreed to provide a report and advice to […]
Use of visual aids by expert witnesses in arbitrations
A very useful discussion. See this excerpt: “As a firsthand example, the use of visual aids and hearing room technology recently proved valuable during a witness conferencing session (colloquially known as “hot-tubbing,” an approach increasingly common in international arbitration whereby both experts are examined together). At one point during proceedings, an issue arose that could […]
Cross examination of experts
The Global Arbitration Review has published an extensive discussion of the cross examination of experts by David Roney of Sidley Austin LLP. An excerpt: “Ask only one fact per question. Keep each question short and use simple words. Ideally, use the expert’s own words to make your point, rather than characterising or paraphrasing. Avoid all […]