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 […]
Right to fair trial required that accused be entitled to challenge expert witness and adduce own expert evidence
The European Court of Human Rights has recently addressed the issue of expert evidence in the case of Yevstratyev v. Russia – 11620/17 (Judgment : Right to a fair trial : Third Section Committee) [2020] ECHR 906 (15 December 2020). The applicant had been charged with murder and robbery. On a re-trial, forensic evidence was […]
‘Starkly conclusive’ expert evidence
In today’s Irish Times (18 February 2020), there is a letter by Michael Lillis about Robert Daly, a psychiatrist who died recently. Daly had given evidence before the European Court of Human Rights in the ‘hooded men’ case – the claim by a number of suspected members of paramilitary organisations that they had been tortured. […]
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 […]
Expert evidence clears athlete of fault in anti-doping violation
In a decision issued on 4 October 2019, the Badminton World Federation accepted expert scientific evidence that the presence of banned substance clenbuterol (of concentration 0.04ng/mL) in a urine sample provided by a Thai athlete was due to inadvertent consumption of contaminated meat. The report of the Doping Hearing Panel Decision can be read here: […]