Expert Evidence in Arbitration
This course looks at one of the most significant issues in the taking of evidence in investment arbitration proceedings: the role of experts and expert evidence. Leading legal practitioners will debate the topic and will provide insights from their own experience and share best practices.
The first panel will focus on damages experts and expert evidence relating to the quantification of damages in investment arbitration proceedings. Damages have been attracting significant attention in the past 20 years and a significant level of global expertise has been developed. The particular point of reflection is current trends and best practices.
The second panel will explore the role of legal experts and the pleading, and proof of applicable law. While this is a pervasive issue in international arbitration, the role of domestic law in investment proceedings presents a challenge for counsel and arbitrators. Law experts have a significant role to play and the panel will debate current practices.
- Exploring approaches in determining the issues upon which expert evidence will be helpful to the arbitral tribunal
- Highlighting approaches to select, engage and prepare experts
- Presenting direct expert evidence (whether orally, in writing or in a combination) that the tribunal will find compelling, helpful and impartial
- Identifying approaches in preparing a good expert for cross examination
- Discussing methods in getting into the heart of the expert issues critical to the outcome
- Exploring how to use innovative methods of presenting expert evidence including panels of experts (and CIArb’s draft guidelines)
- Discussing why an arbitral tribunal may favour the evidence of a particular expert
- Assessing when tribunal expert make sense
Time: 09.00-11.00 AM