Lauren McGinley | The Dispute Resolver Construction projects are complex undertakings, typically involving multiple parties, intricate contracts, and significant financial investments. With so many moving parts, it’s no surprise that disputes often arise over delays, defects, payment issues, or contract interpretation. When these disputes escalate to arbitration or litigation, the technical and specialized nature of… Continue reading Hiring the Right Expert For Your Construction Dispute
Category: Expert Witness
Expert Evidence in Construction Disputes: Arbitrator Perspective
Katherine Bell | Global Arbitration Review Introduction The primary methods of presenting factual evidence in international arbitration are contemporaneous documents, testimony of fact witnesses and testimony of expert witnesses. Whereas contemporaneous documents tend to have the highest probative value when it comes to facts in general, expert witness testimony is the predominant means of evidence… Continue reading Expert Evidence in Construction Disputes: Arbitrator Perspective
Expert Reports: Read Carefully Before You Produce Them!
Karina Shareen | DeutschKerrigan Expert reports are common in scientifically complex cases. Every practitioner, regardless of experience level, must read an expert’s report carefully before production. A recent opinion from the Fifth Circuit serves as a cautionary tale against using sloppy expert reports that are fatal to a party’s claim or defense, in this case,… Continue reading Expert Reports: Read Carefully Before You Produce Them!
Direct and Re-Direct Examination
Anne Veronique Schlaepfer | Global Arbitration Review Direct examination Formerly, a chapter discussing direct examination in international arbitration would have been seen as devoid of any interest, as direct examination is in most cases substituted by witness statements, the witnesses appearing at the hearing for the purpose of cross-examination and to answer questions asked by… Continue reading Direct and Re-Direct Examination
Cross-Examination of Fact Witnesses: the Civil Law Perspective
Philippe Pinsolle | Global Arbitration Review As a right to cross-examine a witness or expert generally does not exist in the civilian tradition of civil procedure (although some right may exist in criminal procedure),[1] an advocate trained in civil law is likely to be unfamiliar with the concept of cross-examination. This, one may conclude, would cede… Continue reading Cross-Examination of Fact Witnesses: the Civil Law Perspective