Preparing for the Quantum Hearing - Preparing for the Hearing with the Experts - Act II, Scene II - WAMR 2008 Vol. 2, No. 4
Andrea K. Bjorklund is an Acting Professor at the University of California, Davis, School of Law. She specializes in international economic law, international arbitration and litigation, international trade, and conflict of laws.
Originally from World Arbitration And Mediation Review (WAMR)
"DAMAGES IN INTERNATIONAL ARBITRATION:
STRATEGIES, TECHNIQUES & PRESENTATION"
ACT II – PREPARING FOR THE QUANTUM HEARING
SCENE II – PREPARING FOR THE HEARING WITH THE EXPERTS
Andrea Bjorklund, Workshop Co-Chair
In this scene, the attorneys work with their experts to prepare
for the hearing. Counsel and their experts discuss matters related to
handling expert reports, such as the number of drafts the expert
should go through, whether or not the draft should be shown to
counsel, and how much counsel should be involved in editing the
reports. They also discuss competing valuation methods, the costs and
benefits (pardon the expression) of the differing approaches, and the
best methodology to adopt, given the claims at issue and the goals of
their respective clients. Now, it turns out that United picked an entirely
different expert from those who appeared in the beauty parade we saw
earlier, and also has new attorneys. Adriana Braghetta and Jackie van
Haersolte will be representing United and Rory Walck is their expert.
On behalf of Paragonia, we have Doak Bishop and Munir
Maniruzzaman, as counsel. Their expert is Gerry Lagerberg. Adriana.
PREPARATION OF UNITED’S EXPERT
ADRIANA BRAGHETTA: Hello, Rory, thank you very much for
joining us. We are pleased that we are going to have you as an expert
in this case. And your initial report is an excellent stepping-off point.
RORY WALCK: Well, thank you, Adriana, and Jackie, as well. I am
delighted to be here.
JACKIE VAN HAERSOLTE-VAN HOF: We know you will help us
convince the Tribunal to award us the big bucks. (laughter)
RORY WALCK: Well, hang on one second. My testimony will be
based on my expertise and on the facts of the case. Now it just so
happens here that the facts support a large award.
ADRIANA BRAGHETTA: Of course, Rory. But before we look at
the numbers themselves, let us spend a few minutes discussing