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Most Highly Regarded Firms: Commercial Arbitration Expert Witnesses 2013

The financial crisis has forced many clients to pursue only those disputes which are critical to their business. These crucial hearings often involve economic, financial or accountancy issues which require the knowledge of an independent and dedicated expert witness and this testimony can be the critical decisive factor which prompts a settlement or decides the outcome of a hearing. The following outstanding individuals have proven technical expertise and credibility in their chosen fields as well as years of experience providing vital oral testimony in domestic and international arbitrations. We have included 89 outstanding specialists in this edition.

FTI Consulting upholds its reputation for excellence with an impressive 22 listings in this edition, seven of whom coming from its subsidiary, Compass Lexecon. Based in Toronto, Howard Rosen leads the firm’s global international arbitration practice and is “supremely experienced”, having provided expert witness testimony for over 100 hearings concerning business valuations and damage quantification. Clients praise Rosen’s “clear and comprehensive” advice.

The firm has a strong presence in the UK with eight listed professionals working from its London office. Richard Boulton QC, a commercial barrister, is “truly excellent” in advising clients on strategic, regulatory and accounting issues, particularly in the media and energy sectors. He gives expert testimony before international arbitration tribunals, the Copyright Tribunal and the UK High Court. Andrew Mainz provides expert witness statements on disputes relating to fraud investigations, asset tracing, identifying lost profits and valuations and “excels when working to tight deadlines”. Boaz Moselle, former managing director of UK energy regulator Ofgem, is a “dedicated” economist who specialises in the environment and energy industries. He gives expert testimony before courts, tribunals and parliamentary committees. Senior managing director of the firm’s economic consultancy, Chris Osborne, is “technically minded” and a “talented” economic analyst. He has over 25 years of experience providing expert witness statements on key financial matters before the High Court Chancery, the ICC and the US–Iran tribunal. David Ashton’s “calm, professional advice” on a wide range of financial issues “impresses” our respondents. He has provided written and oral testimony for over 150 disputes and is a fellow of the Chartered Institute of Arbitrators. Greg Harman, who recently joined FTI Consulting, has “broad financial expertise” and clients praise his “determination and attention to detail”. He has given oral testimony before the AAA and the UK Competition Commission. Mark Bezant is an “extremely experienced” analyst who has acted in over 100 hearings in matters related to the valuation of businesses and intangible assets. Mike Pilgrem, another specialist in this area, provides expert witness statements for high profile hearings before the ICC and UK High Court.

Andrew Flower is “efficient and highly knowledgeable” in financial matters and provides written and oral testimony for hearings in the ICC, ICSID, DIAC, NAI, DIS, the Zurich Chamber of Commerce and under UNCITRAL rules. He is joined in New York by Basil Imburgia, co-leader of the firm’s US dispute advisory service practice, who has “comprehensive analytical expertise” which covers trademarks, trade secrets, copyright and royalties disputes. Based in Paris, Anthony Charlton “can be relied upon to provide accurate advice even in the most complex situations”. He provides oral testimony for high-calibre arbitrations which have contested amounts between $10 million and $1.4 billion. Also at FTI Consulting’s Paris office is the “outstanding” James Nicholson, who specialises in business valuations and lost profits. Christopher Nunns, based in Singapore, has over 30 years of experience providing “clear advice on exceptionally complex issues” concerning the construction industry. James Searby specialises in the assessment of expropriation, breach of contract, patent infringement and shareholder disputes for arbitrations all over the world.

Joseph Kalt, professor of international political economy at Harvard University, is one of four specialists based in the US offices of Compass Lexecon and is a “world-class” expert in competition economics. He has testified before US Congress as well as federal and state regulatory commissions. Pablo Spiller, a professor of business and technology at the University of California, is a “distinguished” and “well-recognised” valuations expert who is “a wonderful quantum specialist” and “untouchable on cross-examinations”. He has testified in over 70 international arbitration hearings for the ICSID, ICC, LCIA and AAA. Santiago Dellepiane, who also advises before these institutions, is a “valuable specialist” with expertise in business valuations and damages. Manuel Abdala is senior vice president of Compass Lexecon and has a “wealth of experience” in submitting evidence relating to treaty disputes, shareholder disputes, property damages and political risk insurance claims. Based in Argentina, Marcelo Schoeters is “truly a global expert” with a practice providing testimony on issues related to the energy and infrastructure sectors. He is joined in Buenos Aires by Sebastian Zuccon, a “terrific” professional who gives “respected” advice for the ICSID, ICC, SCC, AAA and under UNCITRAL rules. In Madrid, the “esteemed” Jorge Padilla, head of Compass Lexecon Europe, provides advice on competition policy and IP matters for clients involved in a large variety of industries. He has testified before the European Commission.

Navigant has eight experts chosen for inclusion, testament to its position as one of the top consultancy firms. Based in Washington, DC, Brent Kaczmarek leads its international arbitration group and ranks highly in our research for his “tenacity and dedication”. He provides expert witness statements on a range of economic and accounting matters, including business and investment valuations, and has advised on over 50 high-stake international arbitrations, many of which contested amounts above $1 billion. Kiran Sequeira, a director in the firm’s disputes and investigations practice, is recommended for his “formidable intelligence”. He specialises in testifying for international arbitrations which concern the energy, infrastructure, manufacturing, financial and professional service industries. In San Francisco, Peter Badala has “exceptional knowledge” and “enviable experience” after providing expert testimony in over 200 construction claims worldwide. Gene Deetz is a “distinguished” specialist in the firm’s New York office and provides valuations of business interests, including complex structured financial products. Scott Gray is “a master” of construction disputes, having delivered statements on over 250 contested construction contracts. He has advised in ICC and ICSID arbitrations as well as before the US Court of Federal Claims and state courts. In London, the “incredible” Garry Crossley is a “big name” in delay claims. He has an “in-depth understanding” of the infrastructure, oil and gas, transportation, construction and aerospace sectors and gives evidence in arbitrations at the ICC. Also in the UK is David Saunders, “the man to call” for advice on the quantification of damages, who provides witness statements for domestic and international arbitrations. Michael Stokes, a chartered surveyor, has a broad practice in Dubai and advises the construction industry on damages, delay and professional negligence.

PricewaterhouseCoopers LLP expands its share of the market this year with seven practitioners listed. Christian Butter, a partner in PwC’s forensic services practice, is a “star” in quantifying and valuing loss for arbitration proceedings. Gerry Lagerberg, a “legend” in domestic and international arbitrations, is “very sharp” and has “shrewd analytical skills”. His work focuses on disputes related to breach of warranty claims and contentions surrounding completion accounts. With a background in investment banking, Peter Clokey is an “insightful and intelligent” valuations adviser who has given testimony before international arbitrations and the UK High Court. Based in France, Dominique Perrier’s expertise covers damage assessment, competition issues, insurance claims and post acquisition disputes. Sirshar Qureshi, head of the firm’s forensic audit team in Slovakia and the Czech Republic, is “extremely knowledgeable” and specialises in forensic and investigatory services. Colm Tonge, based in Johannesburg, is an “eloquent speaker” who specialises in fraud investigations. John Wilkinson, also in South Africa, ranks highly in our research as clients praise his “financial expertise” and “attention to detail”.

Deloitte has also increased its presence on our list with six specialists included. Humphry Hatton, managing director of the firm, is a “distinguished” analyst who “excels” in giving expert witness statements for asset tracing and recovery matters in arbitration proceedings. Andrew Robinson, lead valuation partner in the London corporate finance advisory practice, has “extensive” expertise in valuing businesses, projects, securities and intangible assets. Frank Ilett is a “leading” assessor of damages and provides expert testimony in complex arbitrations and disputes before the UK High Court. Head of the firm’s European international arbitration practice, Will Inglis, has an “exceptional” 20 years’ experience conducting forensic investigations and quantifying losses in contention. Based in Zurich, Chris Phillips provides “accurate” economic analysis during large commercial disputes. In the New York office, Mark Cohen is a “seasoned professional” who gives expert witness statements before the ICC and US courts.

KPMG boasts four “outstanding” experts. Kathryn Britten, chairman of KPMG Forensic UK, is “excellent on accounting and financial matters”. Fernando Cuñado, a partner in the firm’s Madrid office, is a “strong” analyst who advises on economic damages, lost profits and warranty claims in ICC and ICLA arbitrations. Joining him is Pablo Bernad Ramoneda who is “exceedingly experienced” at giving evidence before the ICC and is chairman of the European KPMG risk consulting business. Based in Prague, Michael Peer is head of KPMG’s dispute resolution practice for Central and Eastern Europe and gives “brilliant” valuations testimony.

We list four “fantastic” analysts from Charles River Associates. The “revered” Timothy Allen is vice president of the firm and co-head of its international arbitration group. He “excels” at high end international arbitrations regarding contractual disputes and investment treaty claims and has given expert testimony during ICC, LCIA and UNCITRAL arbitrations. Tim Giles, also based in London, is a “key player” in the firm’s financial economics practice and acts as an expert witness in high-calibre international arbitrations. Geoffrey Senogles, in Geneva, has a “strong financial mind” and specialises in the valuation of damages. He is involved in ICSID, ICC, and UNCITRAL arbitrations and has also submitted evidence for the United Nations Dispute Tribunal in New York. Based in Houston, Laura Hardin is “very client-focused” and gives testimony before the ICC, ICDR, LCIA, SCC and ICSID in matters involving the energy, aviation, manufacturing and financial services.

Three consultants are selected from Secretariat International. Don Harvey, managing director of the firm, is “one of the most brilliant minds in the business” with a practice focusing on construction scheduling and delay analysis. His background in large scale infrastructure projects means he has “a deep knowledge and understanding” of the industry. Harvey is joined in London by Mike Saulsbury who impresses clients with his “sophisticated evaluations” of project delay with particular expertise in critical path method scheduling. Amit Garg, managing director in the firm’s Singapore office, is another construction specialist with experience testifying before the ICC, AAA, KLRC, SIAC, and DIAC in matters regarding the transportation, oil and gas and energy sectors.

Andrew Yendall, based in the London office of Alvarez & Marsal, has more than 10 years of experience acting as an expert witness in construction related disputes. In Munich, Kai Schumacher is an “eminent” professional with “wide ranging financial expertise” who testifies in matters related to the banking, private equity, pharmaceuticals, media, renewable energy and engineering sectors. Dean Graves, in Houston, has a “successful” practice providing expert witness testimony during arbitrations related to the energy industries.

Philip Haberman is one of three recommended specialists from Ernst & Young. He has a “superior” practice covering treaty disputes and competition, commercial and contractual matters. Also in its London office is Richard Indge who provides “strategic and beneficial solutions” in complex financial matters and is “a pleasure to work with”. He has been involved in ICC, LCIA, SCC and UNCITRAL arbitrations. Robert Chandler is head of the firm’s investigation and dispute services in the Middle East and provides “professional and accurate” testimony in arbitrations before the DIAC and under UNCITRAL rules.

Other expert witnesses of note include Richard Walck and John Ellison. Walck, partner and co-founder of Global Financial Analytics LLC, is an “extremely strong damages expert” who provides “high-quality testimony” during international arbitrations and before the US state and federal courts. John Ellison, an independent analyst, is “one of the top damages experts in the world” and is “very well known and experienced” in the industry. He has been involved in many high-profile hearings before the ICC and SCC.

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Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.

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