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The Expert Witness in Construction Disputes

The Expert Witness in Construction Disputes
Author: Michael P. Reynolds
Publisher: John Wiley & Sons
Total Pages: 240
Release: 2008-04-15
Genre: Technology & Engineering
ISBN: 0470680202

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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.


The Expert in Litigation and Arbitration

The Expert in Litigation and Arbitration
Author: Mark Cato
Publisher: Taylor & Francis
Total Pages: 1116
Release: 2020-11-25
Genre: Law
ISBN: 1000288005

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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.


Dispute Resolution

Dispute Resolution
Author: John Kendall
Publisher:
Total Pages: 216
Release: 1992
Genre: Law
ISBN:

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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.


DISPUTE PREVENTION AND SETTLEMENT THROUGH EXPERT DETERMINATION AND DISPUTE BOARDS

DISPUTE PREVENTION AND SETTLEMENT THROUGH EXPERT DETERMINATION AND DISPUTE BOARDS
Author: Filip De Ly
Publisher: Kluwer Law International B.V.
Total Pages: 297
Release: 2016-04-24
Genre: Law
ISBN: 9041194266

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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.


The Effective Use of Forensic Experts in Construction Litigation

The Effective Use of Forensic Experts in Construction Litigation
Author: Robert H. Pratt (Forensic engineer)
Publisher:
Total Pages: 256
Release: 2019
Genre: Building laws
ISBN: 9781641053976

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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.


Comparative Law of International Arbitration

Comparative Law of International Arbitration
Author: Jean-François Poudret
Publisher: Sweet & Maxwell
Total Pages: 992
Release: 2007
Genre: Arbitration (International law)
ISBN: 0421932104

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Guides practitioners through the international arbitration process from beginning to end. This work covers each step of arbitral procedure, from the conclusion of the arbitration agreement to the enforcement of the arbitral award, from a comparative standpoint, helping practitioners decide which jurisdiction's rules they wish to be bound by


Take the Witness: Cross-examination in International Arbitration

Take the Witness: Cross-examination in International Arbitration
Author: Lawrence W. Newman
Publisher: Juris Publishing, Inc.
Total Pages: 344
Release: 2010-06-01
Genre: Law
ISBN: 1933833637

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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.


Alternatives to Litigation

Alternatives to Litigation
Author: Andrea Doneff
Publisher: Aspen Publishing
Total Pages: 307
Release: 2014-07-17
Genre: Law
ISBN: 163281403X

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Alternatives to Litigation was first published in 1993 when alternate dispute resolution practice was in its infancy. Now in its Third Edition, this book reflects the growth in this field and also the growing interest and in some states mandatory use of ADR. Authors Andrea Doneff and Abraham Ordover explore key concepts and terms, and address practical how-to issues that all attorneys need to recognize and master regardless of their field of expertise. Alternatives to Litigation includes appendices providing sample agreements, checklists, a model standard of conduct, commentary on ethical issues and other useful resources.


Expert Determination

Expert Determination
Author: John Kendall
Publisher:
Total Pages: 368
Release: 2001
Genre: Law
ISBN:

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Launched in 1978, the European Intellectual Property Review is an international journal in the intellectual property field, offering comprehensive coverage and analysis of new developments and crucial litigation