Experts - in litigation, arbitration and adjudication

Dr Robert Gaitskell QC

February 2006

A paper based on a talk given to the Arbrix Construction Group on 15th October 2005.

Experts continue to be an important feature of dispute resolution, especially in the construction sector, in court as well as in arbitration and adjudication. But ensuring that experts perform well and that their evidence is helpful continues to preoccupy the courts and professional bodies. obert Gaitskell outlines the many recent initiatives attempting to ensure that expert witnesses are independent and competent and properly assist the judicial process, warning of the significant sanctions now available against experts who do not carry out their tasks properly.

Introduction - Independence - Expertise - Attempts to control construction experts - Particular areas of expert activity - (i) Experts' meetings - (ii) Agreements between experts - (iii) Experts' reports - (iv) Oral evidence - Hazards for the tribunal - Dealing with experts: suggestions for arbitrators and adjudicators - Conclusions.

The author: obert Gaitskell PhD(KCL), BSc(Eng), CEng, FIEE, FIMechE, FCIArb is a practising Queen's Counsel in Keating Chambers, London, specialising in engineering disputes; a chartered engineer; an arbitrator, adjudicator and mediator; and acts as dispute board chairman and member,. He is also a former Vice-President of the Institution of Electrical Engineers.

Text: 14 pages

PDF file size: 139k