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Expert Witnesses In U.S. Arbitration: Three Techniques Reshaping How Tribunals Learn

Deploying expert witnesses in international and domestic arbitration in the United States differs significantly from traditional courtroom practice. Expert testimony often plays a decisive role. Yet arbitrators and judges are rarely specialists in the scientific, financial or technical disciplines presented to them. How, then, do decision-makers assess competing experts and how reliable is that assessment?     

Three techniques—tribunal tutorials, written direct testimony and witness conferencing—have moved from novelty to expectation in complex commercial arbitrations. Arbitrators increasingly believe that procedural mechanisms such as “hot-tubbing” (concurrent expert evidence), tribunal-appointed experts and written expert conferencing improve comprehension and reliability. Understanding each, and knowing when to use them, is now a core competency for arbitration practitioners.

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*This was also published in Mealey's Daubert Report

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Deploying expert witnesses in international and domestic arbitration in the United States differs significantly from traditional courtroom practice. Expert testimony often plays a decisive role. Yet arbitrators and judges are rarely specialists in the scientific, financial or technical disciplines presented to them. How, then, do decision-makers assess competing experts and how reliable is that assessment?     

Three techniques—tribunal tutorials, written direct testimony and witness conferencing—have moved from novelty to expectation in complex commercial arbitrations. Arbitrators increasingly believe that procedural mechanisms such as “hot-tubbing” (concurrent expert evidence), tribunal-appointed experts and written expert conferencing improve comprehension and reliability. Understanding each, and knowing when to use them, is now a core competency for arbitration practitioners.

Full article below:

*This was also published in Mealey's Daubert Report

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