Party Appointed Experts in International Arbitration: Asset or Liability

Prof. Janet Walker, The Hon Chief Justice James Allsop AO, Nicholas Andreatidis QC, Prof. Doug Jones AO

Party Appointed Experts in International Arbitration: Asset or Liability

On 15 August 2019, the Queensland Chapter of CIArb held a seminar and panel discussion on the more efficient use of expert evidence in international arbitration. The guest speaker was arbitrator Professor Doug Jones AO, who delivered a paper entitled ‘Party appointed experts in international arbitration: asset or liability?’ Doug summarised some of the difficulties that decision makers and party representatives have struggled with over the years in both arbitration and domestic litigation, and discussed the attempts made in various domestic jurisdictions and by arbitration institutions to reform the use of expert witnesses. The most important part of Doug’s presentation was an explanation of the procedures he now uses as an arbitrator, and an illustration of the types of procedural orders that he makes. Doug’s paper was then followed by a panel discussion, in which the panellists provided their own commentary on Doug’s paper, and responded to questions from the audience. We were very fortunate to have a distinguished panel comprising the Honourable James Allsop AO, Chief Justice of the Federal Court of Australia, Professor Janet Walker (of Osgoode Hall Law School, and a Chartered Arbitrator), and Nicholas Andreatidis QC (Level Twenty Seven Chambers, Brisbane). The discussion was so engaging that no-one really noticed it ran somewhat over time. It was continued over wine and refreshments after the formal proceedings were closed. CIArb is grateful to Level Twenty Seven Chambers in Brisbane, which provided both the venue and the catering. Doug’s paper will be available for download from the CIArb Australia website, and it is anticipated that it will be published in a forthcoming edition of ‘Arbitration’.