TL4 x 3PB x Bond Solon x Kingsley Napley: Expert Witnesses and Opinion Evidence - Reports and Cross-Examination in International Commercial Arbitration

This is the fourth seminar in the series and the first one in-person, hosted by Kingsley Napley together with 3PB and Bond Solon.

The purpose of expert evidence is to furnish the Tribunal with opinion evidence of a technical or scientific nature which may lie outside their field of expertise. Done well, expert evidence will be highly informative to the tribunal and can often be determinative of the whole dispute between the parties.

But best evidence comes from experts who remain free from bias, independent and impartial, and who can provide clear and transparent written and oral opinion evidence. On top of that, as is well known, an expert must only provide their opinion on matters that are within their expertise.

Any deviations therefrom can undermine the tribunal’s trust in both the expert and, more importantly, their evidence.

But how does one test that evidence and gain – or lose – the tribunal’s trust?

This seminar will cover how experts might think about presenting their opinions in a Report, the classic traps for the unwary, what should be kept in mind anticipating forensic scrutiny, all showing how that content can be subjected to cross-examination. We will also discuss some techniques for that, before some live examples to illustrate the points.