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Signature investigates: the use – and abuse – of investigators and forensic experts in international arbitration

By Philip Dunham & Philipp Kurek

On Tuesday 20 March 2024 we held: ‘Signature investigates: the use – and abuse – of investigators and forensic experts in international arbitration’, an event hosted by Signature Partners Philip Dunham and Philipp Kurek as part of Paris Arbitration Week 2024.

Held at Signature’s Paris office, a distinguished and diverse panel comprising experts, practitioners and arbitrators enabled us to test every angle of using experts in arbitration.

There was an excellent mix of law and war stories with useful analysis and take away points for our audience, which covered:

1. The definition of “expert”. What is included in this umbrella term? The distinction between investigators and forensic experts.

2. Who uses experts in arbitrations more – lawyers from civil law jurisdictions or common law jurisdictions, and why?

3. Misuse of experts and misbehaving investigators – examples and lessons learned.

4. Evidence rainbow – from perfectly legal to very illegal and all the shades in between.

5. Arbitral tribunal’s response to evidence rainbow.

6. Take away points from industry leaders.

For those interested in reading further into the points discussed on the day, we are preparing a more comprehensive note and will circulate this in due course.

Philipp Kurek commented: “I am very grateful to our excellent panel of speakers and all those who attended this morning’s session. It was an exciting, engaging, and informative discussion of a topic that is highly relevant in the international arbitration space.”

Philip Dunham said: “What a marvellous and complimentary group of panellists! They provided a broad range of practical insights and legal considerations to avoid potential pitfalls in engaging investigators and forensic experts. I hope our participants enjoyed the event as much as I did.”

Our thanks to the excellent panel of speakers: Robert S. Pé (Arbitration Chambers), Jenna Burton (Nardello), Marc-Olivier Langlois (King & Spalding) and Kamalia Mehtiyeva (University of Paris-Est Créteil).

 

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