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The Effective use of Experts in Construction Disputes (27 Feb 2013)
David Shuttleworth
Foremost Consultants Pte Ltd
I was delighted to preside as Chair in a seminar organized by the SCL(S) dealing with the effective use of experts in construction disputes which was well attended by over 100 delegates at the MND Auditorium.
The speakers consisted of two visiting Barristers from Crown Office Chambers in the UK who shared their experience both in the UK courts and in international arbitration in dealing with experts and making the best use of them and how to avoid or minimize potential problems.
The seminar commenced with Mr Andrew Rigney QC introducing the concept of using experts and the various role and rules of conduct in different jurisdictions starting with the courts in the UK and moving onto Singapore and the US and then looking at international arbitration.
Mr Crispin Winser then “took the stand” and explained the principles of instructing experts (who, when and how) and highlighted the rules and protocol governing this process.
The seminar progressed in a manner with the speakers seamlessly alternating with each other through different sections of the subject, such as presenting evidence in the report, joint reports, the hearing, cross examination, expert conferencing, expert determination and concurrent evidence culminating in an intriguing discussion on examples of where it can all go badly wrong.
Needless to say the question and answer session prompted several interesting questions from the audience (not surprisingly mainly from practicing experts) and these were again addressed by the speakers with knowledgeable and straightforward answers.
In my closing remarks, I suggested a follow up event one day, inviting several practicing experts and possibly clients to speak on this subject giving their perspectives; this seemed positively received so hopefully this can be arranged sometime in the future.
The evening rounded off with a reception to which all attendees were invited, very kindly hosted by the speakers and this was held at the Scarlet hotel when the real question and answers began and some interesting in-depth discussions took place.
The feedback received since the event has been very positive and the seminar well received; I wish to extend my thanks to such eloquent and polished speakers and also to the SCL(S) events committee for organising the event. It has set a very good bench mark to follow for similar such events.
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