Expert Witness in Arbitration
An expert witness in arbitration is a specialized individual who provides their expertise in a particular field to assist in resolving disputes during arbitration proceedings. Their primary role is to offer objective, informed opinions based on their knowledge and experience, which can be crucial in helping arbitrators make informed decisions.
In arbitration, the expert witness may be called upon to clarify complex issues that are beyond the understanding of laypersons, including legal arbitrators. For instance, in a commercial dispute involving construction defects, an expert witness might be an engineer or architect who can explain technical aspects of the construction processes, materials used, and industry standards.
The process generally involves the expert witness preparing a report outlining their findings and opinions, which can be submitted as evidence. They may also be required to testify during the arbitration hearing, where they present their expertise, respond to questions from both parties, and withstand cross-examination.
An effective expert witness in arbitration must not only possess substantial expertise in their field but also the ability to communicate their knowledge clearly and persuasively to arbitrators who may not have specialized technical training. Their insights can significantly influence the outcome of the arbitration by providing clarity and establishing credibility on contentious issues.
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