The Expert in Litigation and Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Expert in Litigation and Arbitration write by Mark Cato. This book was released on 2020-11-25. The Expert in Litigation and Arbitration available 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.
Procedure and Evidence in International Arbitration
Procedure and Evidence in International Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Procedure and Evidence in International Arbitration write by Jeffrey Waincymer. This book was released on 2012-05-23. Procedure and Evidence in International Arbitration available 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.
The Expert Witness in Construction Disputes
The Expert Witness in Construction Disputes - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Expert Witness in Construction Disputes write by Michael P. Reynolds. This book was released on 2008-04-15. The Expert Witness in Construction Disputes available 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.
Valuation for Arbitration
Valuation for Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Valuation for Arbitration write by Mark Kantor. This book was released on 2008-01-01. Valuation for Arbitration available in PDF, EPUB and Kindle. This book provides a clear understanding of the nuts and bolts of valuation approaches for business investments, including market, income and asset-based methods. It reviews tools that arbitrators may employ to reach their final compensation assessment on a principled basis. The bookands many practical recommendations explore the decision making processes entailed in three central aspects of the arbitratorands role: and advance planning to enhance understanding of expert valuation evidence; and identification of andapples-to-orangesand miscomparisons; and and recognition of the true comparability between the business at issue and other examples offered in the expert evidence. The presentation focuses not only on the legal standards applicable to the valuation (full or adequate compensation, reparations, restitution, actual loss, fair market value, fair or reasonably equivalent value, lost profits, etc.), but also on the informed judgment and reasonableness that must enter into the process of weighing the facts of each case and determining its aggregate significance. The book considers common valuation methods like discounted cash flows, adjusted present values, capitalized cash flows, adjusted book values and comparable sales and transactions. Additionally, it addresses means for arbitrators to assess expert valuation evidence in complex business investment disputes. andquot;Best book 2008 of the OGEMID awards!andquot;
Expert Determination
Expert Determination - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Expert Determination write by Clive Freedman. This book was released on 2014-11-30. Expert Determination available 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.
