by Mark Tottenham BL | May 11, 2021 | Arbitration, mediation and conciliation, 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...
by Mark Tottenham BL | Jan 16, 2021 | Arbitration, mediation and conciliation
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....
by Mark Tottenham BL | Apr 21, 2020 | Arbitration, mediation and conciliation, Duties of expert witnesses
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...
by Mark Tottenham BL | Nov 25, 2019 | Arbitration, mediation and conciliation, Education of decision makers, Examination of experts
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...
by Mark Tottenham BL | Nov 3, 2019 | Arbitration, mediation and conciliation, 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...
