A paper based on a presentation to the Society of Construction Law conference in Paris on 15th-16th May 2014
This paper addresses the use of expert evidence employed to assist in the resolution of construction and engineering disputes in common law jurisdictions. It focuses on litigation in England and Wales (with some references to other common law jurisdictions), and international arbitration seated in a common law jurisdiction. It then considers how to ensure that expert evidence is admissible and persuasive, with many examples of judicial criticisms when the rules are not complied with.
The use of expert evidence in litigation in England and Wales - Typical approach to expert evidence in international arbitration - Issues to consider in ensuring expert evidence is admissible and persuasive.
The author: Kim Rosenberg is Counsel with Freshfields Bruckhaus Deringer LLP in Dubai.
Text: 18 pages