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LIVE PANEL DISCUSSION WEBINAR | EXPERT EVIDENCE IN A VIRTUAL ERA

HKA
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13 May 2020 17:00 - 18:30 BST
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EXPERT EVIDENCE IN A VIRTUAL ERA
Wednesday, 13 May 2020 at 17.00 – 18.30 BST

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Introduction

With over 3.2 billion people [some 40% of the world’s population!] on forced lockdown[1] across the world as a result of the COVID-19 pandemic, all dispute resolution fora are having to find a new way of operating.

Courts are adapting their procedures to accommodate a degree of business ‘as close to’ normal as possible.

Whilst some parties/dispute resolvers are seeking to adjourn proceedings, that is not always possible or desirable and there is no clear understanding as to how long the current restrictions and international travel restrictions will last.

Courts and Arbitrations have accommodated remote participation of witnesses at hearings where it is impossible or impractical for that participant to appear in-person. Much of the procedural business of, e.g. an international arbitration, can and is routinely dealt with through various virtual platforms. Whilst such elements are reasonably familiar to experts and counsel, what is not common is the hosting of ‘virtual hearings’ for all participants. Beyond the hearing, members of the same legal team, their clients and witnesses may be separated from each other because of self-isolating or social distancing directions from national governments, increasing the reliance on technology and its collaborative potential to bridge that physical separation.

Remote working has become the new normal for most businesses seeking to continue operations during this time.

Live Panel Discussion Webinar 

The Academy of Experts and HKA invites you to a live panel discussion webinar that seeks to share experience and opinions on the giving of expert evidence in ‘virtual hearings’, in any dispute forum, and address your questions connected with the ‘new normal’.

The Academy of Experts and HKA Research

In parallel with the webinar outlined above, The Academy of Experts and HKA seek your experience and opinions on the giving of expert evidence in ‘virtual hearings’, in any dispute forum. Even if you have not been directly involved in giving evidence virtually, we are still interested in your opinions. We hope to combine those experiences and observations with those received from lawyers, barristers, judges, arbitrators, adjudicators, and experts to bring together a broader platform of insight that will be of interest to the dispute community.

Using that content together with contributions from different jurisdictions will allow us to aggregate a global experience document with best tips/considerations from experience across the different participants in the process with the potential aim of producing a ‘Good Practice Guide’.

Participate in this research.

Moderator and Panellists

Moderated by:

Professor John Uff CBE QC
Vice President, The Academy of Experts

John Uff is an eminent international arbitrator, adjudicator, barrister, author and academic. His international reputation has led to him being appointed to chair Public Inquiries in the UK and abroad.  John Uff qualified as a barrister in 1970 and became a QC in 1983. In 1987 he became the founding Director of the Centre of Construction Law and Dispute Resolution at King’s College, London, was appointed to the Nash Chair of Engineering Law at the University of London in 1992 and in 2003 he became Emeritus Professor of Engineering Law at King’s College.  His professional activities have included serving on the Court and appointment as a Vice President of the London Court of International Arbitration and serving as President of the Society of Construction Arbitrators and Master of the Worshipful Company of Arbitrators. John Uff is a Vice President of The Academy of Experts.

Panellists:

Sir Vivian Ramsey
The Academy of Experts, Judicial Committee

Sir Vivian Ramsey qualified as a barrister in 1981 and became a QC in 1992. He was head of Keating Chambers until being appointed a High Court judge in 2005. He then became judge in charge of the Technology and Construction Court from 2007 to 2010 and was involved in implementing the Jackson reforms from 2012 until he ‘retired’ in 2014. He became an International Judge in the Singapore International Commercial Court in 2015 and acts as an arbitrator, mediator, expert and dispute board member around the world. He is a Visiting Professor at King’s College, London and edits Keating on Construction Contracts, now in its 10th edition. Sir Vivian is a member of The Academy of Expert’s judicial Committee.

Gary Born
International Arbitrator, Counsel, Author, President SIArb Court of Arbitration

Gary born is Chair of the International Arbitration Practice Group at Wilmer Cutler Pickering Hale and Dorr LLP.  He is widely regarded as a preeminent authority on international commercial arbitration and international litigation and has been ranked for the past 20 years as one of the world’s leading international arbitration practitioners. He serves as President of the Singapore International Arbitration Centre (SIAC) Court of Arbitration; has served as counsel in more than 675 international arbitrations and has sat as arbitrator in more than 250 institutional and ad hoc arbitrations. Gary Born is the author of International Commercial Arbitration (2nd ed. 2014-he is currently working on the 3rd edition), as well as International Arbitration: Law and Practice (2nd ed. 2015) among several other notable works on international dispute resolution.

Professor Janet Walker
International Arbitrator, Expert, Academic, Author

Janet Walker is a respected international arbitrator and is Vice Chair of ICC Canada.  She is a professor of law and past associate dean of Osgoode Hall Law School. Janet authors the main private international law text in Canada, which, during her authorship has become the most cited private law work in Canadian courts, relied on in more than 350 decisions, including 70 appellate decisions and 15 Supreme Court of Canada decisions. Janet has served regularly as an expert witness and consultant in a range of contentious and non-contentious matters relating to cross-border and domestic procedure in litigation and arbitration. Janet is an accomplished author and recently published ‘Virtual Hearings: An Arbitrator’s Perspective’ on INT-ARB Arbitrators & Mediators website.

Simon Rainey QC
Counsel, Deputy HC Judge

Simon Rainey QC is a well-known and highly regarded practitioners at the Commercial Bar with particular acclaim for his advocacy skills and his cross-examination (described as “excruciatingly superb”). His practice focuses on: commercial litigation, commodities and international trade, energy and natural resources; international arbitration; insurance and reinsurance and shipping and maritime law. He is in high demand for the heaviest and most complex cases, especially in disputes involving expert evidence (typically multiple technical disciplines). In addition, he sits as a Deputy High Court Judge (from 2014) in the Commercial Court and as a Recorder of the Crown Court (from 2000). Simon was appointed as an Honorary Professor, College of Business, Economics and Law, University of Swansea (2013). Simon recently published ‘Arbitration Hearings… and the Corona ‘New Normal’ Ten Golden Rules: or the easy path to your Virtual Hearing’ with Gaurav Sharma, available on Quadrant Chambers website.

Dr Franco Mastrandrea
International Arbitrator, Adjudicator and Expert Witness

Franco is an internationally recognised and respected expert witness with more than 50 appointments as expert witness in international arbitrations.
He is a CEDR-accredited mediator, on the RICS register of Dispute Board Members and the FIDIC President’s list of adjudicators, a Chartered Arbitrator, and on arbitrator lists maintained by RICS and international arbitration centres in Dubai, Hong Kong and Singapore. Franco holds a doctorate that addresses the law, practice and quantification of construction claims and has written extensively on the evaluation of construction claims.

Jonathan Humphrey
Quantum and Forensic Accounting Expert Witness

Jonathan is a proven expert witness who specialises in forensic accounting and the quantification of damages. Jonathan has acted as an expert witness in multiple forums, including international arbitration, court litigation and mediation. Jonathan has recently given ‘virtual’ evidence as a result of the current international travel restrictions and lock downs.

 

Please note the registration form works best in Google Chrome. 

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Can’t Make This Time?

If you are unable to make the live webinar, please still register now and we will send you a link to the recording following the live event.


[1] 05 April 2020, The Guardian https://www.theguardian.com/world/2020/apr/05/coronavirus-world-map; and https://www.statista.com/chart/21240/enforced-covid-19-lockdowns-by-people-affected-per-country/

Event Details
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13 May 2020 17:00 - 18:30 BST
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