Construction Super Conference 2018

International arbitration is used to adjudicate large construction projects all over the world under different legal backgrounds and cultures. The testimony of experts is typically vital to a determination of the complex construction dispute. However, the development, treatment and presentation of expert evidence can be very different from the practice in U.S. courts and domestic arbitrations. The contrast can be even greater depending upon the legal background of the arbitrators presiding over the case. The process and practices of preparing and presenting expert evidence in international arbitration can be surprisingly different including to whom the expert owes its duties, the requirement of "joint" reports, meetings with arbitrators, written testimony, tribunal-appointed experts and "hot-tubbing". 

This session will discuss the very real differences and best practices with respect to the use of experts and expert evidence in international disputes and provide suggestions regarding the selection and use of experts to enhance their impact on international arbitration cases.

Upon completion of this session, participants will be able to:

• Understand how to select an expert for an international arbitration matter.
• Understand how to present expert testimony in international arbitration.
• Understand the differences between the treatment of experts in international arbitration and domestic litigation/arbitration.