Advise & Consult, Inc. I. Scrutiny of Insurer-Retained Experts In first-party property litigation, the objectivity of carrier-retained experts—including engineers and technical consultants—is a material factor in evaluating claim determinations. Frequent retention by a single insurer may create financial dependencies that subtly or overtly influence technical findings. II. Indicators of Potential Bias Indicia of carrier influence… Continue reading Evaluating the Independence of Insurer-Retained Experts
Tag: expert witness
Strategic Issues in Employing and Deploying Damages Experts
John A. Trenor | Global Arbitration Review Parties frequently engage experts to assist in developing, calculating and presenting their cases on damages to tribunals in international arbitration. These experts may specialise in economics, finance or accounting, or possess specialist business acumen in a particular industry, country or subject matter. Some damages experts offer scientific, technological… Continue reading Strategic Issues in Employing and Deploying Damages Experts
The Function and Role of Damages Experts in Arbitration: Ensuring Competence, Independence and Transparency
Anthony Theau-Laurent, Edmund Richards and Louis Osman | Global Arbitration Review Introduction In dispute resolution processes, such as arbitration, litigation or mediation, experts are often instructed to provide an opinion on specific matters within their area of expertise. When one party (or several) seeks financial compensation for the damage sustained as a result of another… Continue reading The Function and Role of Damages Experts in Arbitration: Ensuring Competence, Independence and Transparency
What Arbitrators Actually Think About Your Expert
Barbara A. Reeves | JAMS Unlike a jury, an arbitrator is rarely seeing anything for the first time. That changes everything. Experienced arbitrators have heard hundreds of experts—they recognize the theater, they spot the evasions, and they dislike witnesses who sacrifice credibility for advocacy. The qualities that make an expert effective before an arbitrator are… Continue reading What Arbitrators Actually Think About Your Expert
Use of Expert Determination as an ADR Method Part 2: Pros and Cons
Ali Ford | Ankura The first article in this series introduced expert determination as an Alternate Dispute Resolution (ADR) mechanism in which parties appoint an independent subject matter expert to issue a binding decision on a dispute. This second article examines its practical application by outlining the key advantages and potential risks, helping parties assess when expert… Continue reading Use of Expert Determination as an ADR Method Part 2: Pros and Cons