The Keenest Condiments: the Spectrum of Experts Across Traditions in Construction Arbitration

Abstract

This paper will explore the role of expert witnesses in international construction arbitration across legal traditions. The focus will be to highlight the differences between the two types of experts. For the purposes of this paper, we will draw a spectrum with two extreme examples of expert witnesses. On one extreme of the spectrum, there is the expert who makes a living out of expert work and thus is seen to be closer to the client. On the other extreme of the spectrum, there is the expert who is providing an opinion on something that is his or her life’s work, this expert might never have given an expert report before. Both ends of the spectrum are heavily criticized. The goal is to distinguish both sides of the spectrum, considering the aspects of Civil Law and Common Law traditions.