Keeping Financial Experts Objective in Arbitral Proceedings
There exists some distrust of quantum experts’ objectivity in disputes and the variable quality and professionalism of some experts has done little to help the situation. It remains the case however that suitably experienced and qualified experts should be able to explain to a court or tribunal why their conclusions are grounded in accepted theory and verifiable data and should be able to deal with situations where a range of reasonable conclusions might exist.
The closed nature of many arbitral proceedings may encourage some experts to stretch their objectivity and to take positions which the open nature of court proceedings would generally discourage, however there are tools available to counsel and the parties they represent to mitigate these risks.
This talk explores the issues surrounding the objectivity of forensic evidence on quantum and the steps that can be taken to prevent biased experts from misleading a tribunal in arbitral proceedings.