Originally from Take the Witness: Cross Examination In International Arbitration

Preview Page
 

Adverse expert witnesses, in arbitration as in litigation, fall into two main categories. One is the honest but mistaken professional.  The other is the paid liar. Fortunately, one tends to encounter more from the former category than the latter, but how one approaches cross examination of the expert, and the odds of succeeding, depend to a significant degree on correctly identifying which category the expert falls into. In addition to the meticulous preparation on which the success of any cross examination depends, one’s approach must also take into account the ways in which arbitration procedures differ from litigation, such as the practice of “hot-tubbing” expert witnesses.