The following Arbitration practice note Produced in partnership with Charles Spragge of Druces provides comprehensive and up to date legal information covering:
Before deciding whether to instruct an expert, you must define as precisely as possible the issues on which an opinion may be needed. Can the issues be defined clearly and are they limited to one area of expertise. If they straddle different fields, are multiple experts needed or could one expert cover all of them? If the area is highly technical consider that it may be difficult to find a suitable expert at all.
Instructing an expert is a significant step in any proceedings: the cost can be high and it entails ceding a degree of control to the tribunal to whom the expert’s primary duty (as a matter of English law at least) is owed, not to the appointing party (The Ikarian Reefer  2 Lloyds Rep. 68. Not available in Lexis®Library). It is therefore sensible always to consider carefully whether this step is needed at all. The ICC’s report on Controlling Time and Costs in Arbitration sets out a presumption that expert evidence is not in fact needed.
If the tribunal includes an arbitrator with relevant experience, consider whether they will need an expert, or will they consider they have sufficient expertise? Of course, unless you know the arbitrator’s view on the issue you may consider it unduly risky to proceed without your own appointed expert.
Practice Note: Damages experts in international
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note deals with the relationships arising between principals, agents and third parties with whom the agent deals on the principal’s behalf. It considers the principal’s liability for its agent, agent’s authority including remedies for breach of authority, fraud and misrepresentation,
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
What are OFTOs?Offshore Transmission Owners (OFTOs) are the owners of offshore transmission assets which connect offshore wind farms to the onshore electricity network. The transmission assets comprise everything between the offshore point of connection with the generating wind farm assets and the
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.