The Expert In Litigation And Arbitration PDF Download
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Author | : Mark Cato |
Publisher | : Taylor & Francis |
Total Pages | : 1116 |
Release | : 2020-11-25 |
Genre | : Law |
ISBN | : 1000288005 |
Download The Expert in Litigation and Arbitration Book in PDF, ePub and Kindle
The Expert in Litigation and Arbitration provides the complete picture of the role and duties of the expert witness in the UK, Germany, France, Italy, USA, Australia, Hong Kong and China. With articles and chapters from leading practitioners around the world, the book looks at the role of the expert in many different disciplines and jurisdictions, examining topical issues such as the independent status of the expert and professional liability. This book looks at the role of experts in both arbitration and litigation, considering how experts are currently used in civil actions and what lessons can be learnt from this. With much practical advice for the inexperienced expert witness, it covers many of the pitfalls faced by experts, looking at the various situations that can arise either in court or before an arbitrator.
Author | : D. Mark Cato |
Publisher | : |
Total Pages | : 1037 |
Release | : 1999 |
Genre | : Actions and defenses |
ISBN | : |
Download The Expert in Litigation and Arbitration Book in PDF, ePub and Kindle
Author | : Michael P. Reynolds |
Publisher | : John Wiley & Sons |
Total Pages | : 240 |
Release | : 2008-04-15 |
Genre | : Technology & Engineering |
ISBN | : 0470680202 |
Download The Expert Witness in Construction Disputes Book in PDF, ePub and Kindle
The role of the expert witness has long been important in construction litigation and arbitration and most other types of dispute resolution. Today there is a heavier burden on experts because of the diversity of the appropriate dispute process and the added responsibility this brings. The Woolf reforms and the introduction of the Civil Procedure Rules are having a major impact on the role of the expert witnesses. No longer is the expert accountable just to the client but directly owes a duty to the court. In the smaller value claim a new opportunity of acting as single joint expert arises where the parties can save time and money. There is greater flexibility in arbitration under the Arbitration Act 1996 and a need for expert evidence in the statutory process of adjudication. This book takes account of all these changes, taking the expert stage by stage through his or her duties, from the investigation, preparation and exchange of expert reports, disclosure of documents, the importance of different types of evidence, to preparation for the hearing itself and the giving of oral evidence. The appendices feature appropriate references to the Civil Procedure Rules, guidelines for experts, protocols and other materials of practical interest. Throughout, reference is made to relevant case law.
Author | : John Kendall |
Publisher | : |
Total Pages | : 216 |
Release | : 1992 |
Genre | : Law |
ISBN | : |
Download Dispute Resolution Book in PDF, ePub and Kindle
The potential of Alternative Dispute Resolution in different types of dispute is being increasingly investigated. This text discusses references to experts as a major method of resolving disputes. Chapters cover such topics as land, shares in private companies, enforcing the decision and tactics.
Author | : Robert H. Pratt (Forensic engineer) |
Publisher | : |
Total Pages | : 256 |
Release | : 2019 |
Genre | : Building laws |
ISBN | : 9781641053976 |
Download The Effective Use of Forensic Experts in Construction Litigation Book in PDF, ePub and Kindle
This book will help a litigation or arbitration team become more persuasive in telling the story about each construction issue or problem in a way that makes the complex case easier to understand, makes the truth more self-evident, and exposes the fallacies of any attempt to obfuscate the truth.
Author | : Filip De Ly |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 297 |
Release | : 2016-04-24 |
Genre | : Law |
ISBN | : 9041194266 |
Download DISPUTE PREVENTION AND SETTLEMENT THROUGH EXPERT DETERMINATION AND DISPUTE BOARDS Book in PDF, ePub and Kindle
Dispute avoidance isnotgenerally on the mind ofbusinessesand their in-house legal counseluntila disputehits. Thisbookdeals with theprevention ofdisputes and their settlement through two specific methods: Dispute Boards and Expert Determination. These two methodsareoften used by the international business community to reduce the riskof being involved in long and complex factual disputes. Thirteen international experts share theirknowledge and their experience on theimpactof applicable law, contract law issues, proceduralissuesand the relationship between Expert Determination or Dispute Boards on the one hand and litigation and arbitration on the other. Specific topics dealt within thebook include the challenges of Expert Determination in M&A transactions, Expert Determination by Accounting firms including real-life examplesas wellas the 2015ICC DisputeBoard Rules, the settlement ofdisputes including under the FIDIC formsof contract and recent case law on DisputeBoards.
Author | : Jeffrey Waincymer |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 1408 |
Release | : 2012-05-23 |
Genre | : Law |
ISBN | : 9041140670 |
Download Procedure and Evidence in International Arbitration Book in PDF, ePub and Kindle
Central to the book’s purpose is the procedural challenge facing arbitrators at each and every stage of the arbitral process when fairness arguments conflict with efficiency concerns and trade-offs must be determined. Some key themes include how can a tribunal be fair, and in particular be neutral, if parties are so diverse? How can arbitration be made efficient and cost-effective without undue inroads into fairness and accuracy? How does a tribunal do what is best if the parties are choosing a suboptimal process? When can or must an arbitrator ignore procedural choices made by the parties? The author thoroughly evaluates competing arguments and adds his own practical tips, expertly synthesizing and engaging with the conference literature and differing authors’ views. He identifies criteria that offer a harmonized approach to each stage of the arbitral process, with particular attention to such aspects of international arbitration as: appropriate trade-offs between flexibility and certainty; the rights, duties and powers of arbitrators; appointment and challenge of arbitrators; responses to ‘guerilla’ tactics; drafting of arbitration agreements, including specialty clauses; drafting of required commencement notices and response documents; set-off; fast track arbitration and other efficiency options; strategic use of preliminary conferences and timetabling; online arbitration; multi-party, multi-contract, class arbitration; amicus and third party funders; pre-arbitral referees and interim relief; witness evidence, both factual and expert; documentary evidence, production obligations, and challenges to production; identifying applicable law; and remedies and costs.
Author | : Cecil C. Kuhne (III) |
Publisher | : American Bar Association |
Total Pages | : 244 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9781590317280 |
Download A Litigator's Guide to Expert Witnesses Book in PDF, ePub and Kindle
The admission of expert witness testimony remains one of the most contentious, critical, and interesting aspects of modern-day litigation process. This book examines the role of the expert witness, focusing on taking depositions, expert qualifications, admissibility of testimony, attorney-client privilege, Daubert, rules of discovery and evidence, selecting and presenting experts, and direct examination of experts.
Author | : Lawrence W. Newman |
Publisher | : Juris Publishing, Inc. |
Total Pages | : 344 |
Release | : 2010-06-01 |
Genre | : Law |
ISBN | : 1933833637 |
Download Take the Witness: Cross-examination in International Arbitration Book in PDF, ePub and Kindle
This volume is the “go to” reference for the arbitration practitioner who needs to master the art of cross-examination in the international arena. In this concise volume international arbitrators and world-class attorneys present proven techniques for the effective cross-examination of laypersons, adverse witnesses, scientific experts, legal experts and others anywhere in the world.
Author | : Clive Freedman |
Publisher | : |
Total Pages | : 440 |
Release | : 2014-11-30 |
Genre | : Arbitration (Administrative law) |
ISBN | : 9780414034266 |
Download Expert Determination Book in PDF, ePub and Kindle
'Expert Determination' has been revised and updated, and includes a number of changes such as hanged perceptions of where expert determination fits into ADR, and the continuing battles about challenges to references before decision.