Most Highly Regarded Firms: Arbitration Expert Witnesses 2014
An increasing number of clients are turning to arbitration as the benefits of confidential proceedings which are tailored to suit the parties outweigh other forms of dispute resolution. Providing expert witnesses is a critical stage of the process which can be the decisive factor in the outcome of the hearing. The growing popularity of the use of expert witnesses in arbitration hearings is reflected in our research. We have included 103 outstanding specialists in this edition, an increase of 14 from last year.
FTI Consulting leads the field with an impressive 28 listings in this edition, 11 of whom come from its subsidiary, Compass Lexecon. The firm retains its notable foothold in the UK with eight experts listed from their London office including senior managing director David Ashton. He represents clients from a range of industries including oil and gas, construction and shipping and is commended for his “astute mind” and “incredible knowledge”. Chris Osborne is described as a “superb economic analyst”. He was recently highly praised by Mr Justice Langley for his expert evidence in Oxus v Templeton. Richard Boulton QC is regarded as a “strategic specialist” who is “highly recommended” by peers. He has given oral evidence before several international arbitration tribunals as well as before the European Commission. The “fantastic” Mark Bezant is regularly appointed as an expert witness to assess damages and valuation issues before a variety of arbitration forums including the UK Lands Tribunal and Leasehold Valuation Tribunal. Mike Pilgrem has been responsible for reports on some of the largest commercial claims seen in the UK. He enjoys a “great reputation” and is noted for being “hard-working” and “thorough”. The “highly respected” Andrew Mainz is valued for his “breadth of expertise”. He has provided expert witness testimony in courts in London, Milan and Hong Kong and before arbitration tribunals in various locations. Boaz Moselle provides expert analysis in relation to a range of competition and regulatory matters in the gas and electricity industries and is praised for his “in-depth understanding” of the European energy market. The “talented” Greg Harman has given evidence in the High Court and before American Arbitration Association, UK Competition Commission and ICC tribunals. He is commended for his “diligence” and “attention to detail”.
In the Toronto office, the “notable” Howard Rosen leads the firm’s global international arbitration practice. He provides expert witness testimony in courts in Canada and the US and also in international arbitration hearings in North and South America, Asia, Africa, Europe and the Middle East. The “very active” Neal Mizrahi is described as “the engine room and brains behind FTI’s most high-profile mandates”. He has prepared numerous reports relied upon by various courts and arbitral institutions including the International Centre for Settlement of Investment Disputes. Christopher Milburn is commended for his “sharp mind” and is “well versed” in quantifying economic damages for international arbitrations.
New York-based Greig Taylor is praised for his “outstanding demeanour” and “keen intellect”. Regarded as a “damages expert”, his range of industry experience encompasses upstream oil and gas, aviation, mining, shipping, manufacturing, pharmaceuticals, retail and construction. Peers commend his ability to “pick up the key issues at the heart of the dispute”. The “highly accomplished” Basil Imburgia has provided testimony on a range of matters involving real estate disputes, royalty disputes, taxable income, trade secrets and breach of contract. He is described as a “pleasure to work with”.
The “prominent” James Nicholson is a senior managing director in the firm’s Paris office. He specialises in business valuations and lost profits and is described as “highly proficient”. Anthony Charlton has acted in many arbitrations with amounts in dispute between $10 million and $1.4 billion. Peers commend his “dynamism” and regard him as “very dependable”. Singapore-based James Searby has a “broad range of experience” in the assessment of complex damages in high-value international arbitration matters. The “terrific” Jeff Litvak has provided expert opinions in federal, state and municipal courts throughout the US on various matters including health-care fraud and abuse, lost profits, breach of contract damages and employee termination.
Seven specialists feature from the US offices of Compass Lexecon including the “phenomenal” Pablo Spiller. He enjoys a “great reputation” testifying on investment arbitrations and is praised for his ability to “pitch his evidence at the right level depending on the arbitrators’ comprehension of economic matters”. Also in New York, senior vice president Santiago Dellepiane has “successfully testified” in several international cases. Washington-based Manuel Abdala joins Spiller in being described as “undoubtedly one of the most popular appointments in valuation of investment arbitration”. In the Chicago office, Daniel Fischel is commended for his “insight and intelligence”. He was the principal damages witness for the US Department of Justice in a series of breach of contract cases involving over $100 billion. The “esteemed” Kevin Dages has “extensive testimonial experience” before Delaware Chancery, state and federal courts. Houston-based Miguel Nakhle is “well recognised” in the international arbitration arena and is commended for his “analytical skills”. The “distinguished” Joseph Kalt testifies frequently as an expert on matters of antitrust, regulation and economic policy before the US Congress and various arbitration and judicial tribunals.
In Buenos Aires, the “very knowledgeable” Sebastian Zuccon is “great under cross-examination”. He is joined by the “esteemed” Marcelo Schoeters who provides testimony on issues related to the energy and infrastructure sectors. Madrid-based Jorge Padilla is head of Compass Lexecon Europe. He has given expert testimony before competition authorities and courts of several EU member states and before the European Commission. Brussels-based Lorenzo Coppi has over 13 years’ experience in the application of economic to competition law cases and regulation. He is praised for his “tenacity”.
At PricewaterhouseCoopers, seven specialists are listed including the “very smart” Gerry Lagerberg. Regarded as a “financial expert”, he provides forensic analysis and expert evidence on loss and damage in proceedings to resolve complex financial disputes. Peter Clokey is a partner in the firm’s valuation practice and is described as a “dab hand” at expert testimony. The “brilliant” Ermelinda Beqiraj focuses on disputes arising in emerging markets, particularly central and eastern Europe. Sirshar Qureshi is head of the firm’s forensic audit team in Slovakia and the Czech Republic. Peers describe him as “top notch”. Mumbai-based Vidya Rajarao leads the firm’s forensic services team and is regarded as “very professional. The “exceptionally good” Michael Hammes is a director at the firm’s forensic services practice based in Frankfurt. Dominique Perrier regularly acts as expert witness in ICC international arbitrations and is commended for her “methodical approach”.
KPMG boasts eight practitioners including the “incredible” John Ellison who specialises in testifying on accounting and valuation issues in complex international arbitrations. Kathryn Britten is UK chairman of the firm’s forensic practice and is described as a “senior authority” on accountancy arbitrations. The “very competent” Nicholas Good specialises in the quantification of losses in relation to both financial services and non-financial companies. The “impressive” Michael Peer is director of health industries at the firm. In the Madrid office, Fernando Cuñado is praised for his “dedication and drive” and Pablo Bernad Ramoneda is “in high demand” for his specialisation in expert evidence. Jean-Luc Guitera is very well regarded in Paris. Calgary-based John Williams has experience in a wide range of industries including financial services, public utilities, education and mining. He is praised for his “versatility”.
At Deloitte, six specialists are selected for inclusion. The “extremely intelligent” Elizabeth Gutteridge is regularly appointed as an expert witness and has given oral evidence in the High Court and the Grand Court of the Cayman Islands. The “very strong” Frank Ilett has worked on over 100 disputes across all industries and specialises in the telecommunications, media and technology sectors. Andrew Flower is head of the firm’s international arbitration practice for Europe and the Middle East. He is praised for his “excellent preparation and stance before tribunals”. Chris Phillips is “held in high regard” for his specialism in the provision of accounting and financial analysis. Head of the firm’s forensic and dispute services, Humphry Hatton is praised for his “technical expertise”. Will Inglis is frequently appointed as an expert witness and has given oral evidence in several proceedings across the globe. Peers regard him as a “first choice” for expert testimony.
Six practitioners are featured from Navigant including leader of the firm’s international arbitration group Brent Kaczmarek. Regarded as a “legend” in the field, he serves as a financial and valuation expert on issues involving business and investment valuation. Also based in Washington, Kiran Sequeira is praised for his “focus on achieving results”. In London, Garry Crossley is commended for his “enthusiasm” and “dedication to seeing things through”. The “charismatic” and “very clever” David Moes co-leads the firm-wide disputes and investigations practice. Michael Stokes is an expert in the fields of damages, delay and disruption and professional negligence and is praised for his “astounding abilities”. Miami-based Scott Gray is praised for his “long-standing expertise” providing expert testimony on numerous occasions during his 30 years of practice.
Berkeley Research Group achieves five listings including chairman and principal executive officer David Teece. He is described as a “leading authority” on matters relating to antitrust and competition policy and intellectual property and is “highly sought after”. David Saunders has “significant experience” with international arbitration, fraud and financial investigations and has provided expert evidence on funds tracing issues. The “bright” Daniel Ryan is experienced in oral testimony, having acted before arbitral tribunals in the UK and internationally and before the Copyright Tribunal. Jonathan Humphrey has been appointed as an expert in both litigation and international arbitration proceedings and is regarded as “very dynamic”. Lead of the firm’s real estate practice, Thomas Kabat has testified as an expert in federal and state courts, regulatory proceedings and in domestic and international arbitrations. Peers regard him as the “foremost expert in real estate economic analysis”.
Other notable individuals include the founding partner of The Haberman Partnership, Philip Haberman. Peers “respect him enormously” and he was among the most highly nominated experts on our list. The “excellent” Carlos Lapuerta of The Brattle Group has presented expert reports to courts and competition authorities concerning the competitive impacts of proposed mergers, predatory pricing, allegations of price fixing and perceptions of super-competitive profits. At Stoneturn UK in London, Antoinette Pincott received recommendations from sources across Europe and is said to have a “very impressive mind, perceptive and practical”. Alvarez & Marsal Global Forensic and Dispute Services boasts the inclusion of Kai Schumacher. He is “highly recommended” and the “first choice for quantum”. The “impressive” Trevor Dick of Ernst & Young is regarded as “very user-friendly” and “an efficient expert accounting witness”.