Independence and how we work

Our duty as experts

When we are appointed as experts, our duty is to help the tribunal or court on matters within our expertise. That duty overrides any obligation to the party who instructs or pays us. We give the same opinion whoever asks the question.

The rules we follow

Depending on the forum, our evidence is governed by:

• the procedural rules the tribunal adopts, including the IBA Rules on the Taking of Evidence in International Arbitration;
• the Chartered Institute of Arbitrators’ Protocol for the Use of Party-Appointed Expert Witnesses in International Arbitration, where it is adopted;
• in the courts of England and Wales, Part 35 of the Civil Procedure Rules and its Practice Direction;
• the rules of the court or tribunal in any other forum.

We read the applicable rules at the start of each appointment and follow them.

Seven conduct rules

1. We give opinions only on matters within our expertise, and say so when a question falls outside it.
2. We base our opinion on the evidence and the contract, not on the outcome our client wants.
3. We state every assumption and every limit on the documents we were given.
4. We consider the documents that do not support our client’s case as carefully as those that do.
5. We use recognised methods and explain why we chose them.
6. We meet the other side’s expert in good faith, and we concede points when the evidence requires it.
7. Our fees for expert work never depend on the outcome of the case.

Conflicts of interest

Before we discuss a matter we check every party, and their parent and related companies, against our records. That check includes appointments our people hold as arbitrators, adjudicators and dispute board members. We tell you the result before you send any documents. If a conflict appears later, we tell everyone affected straight away.

Adviser or expert: one role per dispute

As advisers we act in your interest; as experts our duty is to the tribunal. We tell you which role we are in at the outset. We do not act as testifying expert in a dispute in which we have advised the same party, unless that has been disclosed and the tribunal and the parties have had the chance to object.

Confidentiality

We keep everything about our clients’ matters confidential, including the fact that we are instructed. We do not name clients, parties or projects on this website or in our marketing.

Fees

We work on time-based fees agreed in writing before work starts. We do not publish rates. For expert work, our fees never depend on the result.

Engagement

Contacting us does not create an engagement. An engagement starts only when we have cleared conflicts and both sides have signed written terms.