Finding a path through the maze of expert evidence

What you need to know

  • Concurrent evidence has a long history in international arbitration. While it has some drawbacks, it has also been viewed as a success in the Australia courts and, partly on the back of that success, has been adopted in courts in the United Kingdom, Singapore and Canada.
  • The advantages of concurrent evidence apply equally whether the dispute is resolved by a court or by arbitration, however, in international arbitrations, parties from different jurisdictions may be reluctant to adopt the procedure due to unfamiliarity with how it works and the benefits of the procedure.
  • In this article, we discuss the growing acceptance of concurrent evidence globally both in courts and in arbitrations, why it is seen as an efficient method of examining expert witnesses despite having some drawbacks, and we give some tips on how to approach the preparation of expert evidence if the experts will be examined concurrently.

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Ashurst Authors