Expert Witnesses Marketplace Analysis
Our expert witness section is now in its third edition, reflecting the sophisticated use of expert witnesses in arbitration hearings and the growing number of such experts globally recognised for their abilities. This year we list 123 practitioners, nearly 20 per cent more than last year, as an ever-greater number of individuals are recognised internationally for the quality of their testimony in arbitration proceedings.
|Who's Who Legal: Arbitration 2015|
|Most Highly Regarded Individuals|
|Philip Haberman||Haberman Ilett, London|
|Brent Kaczmarek||Navigant, Washington DC|
|Pablo Spiller||Compass Lexecon, New York|
|Gerry Lagerberg||PricewaterhouseCoopers, London|
|John Ellison||KPMG, London|
FTI Consulting leads our research with 17 individuals selected for inclusion. Seven are based in London, led by Chris Osborne, European head of FTI’s Economic Consulting practice and “one of the best in the business”. He has given oral evidence on over 20 occasions in domestic courts, as well as a wide range of arbitrations, and he is held in extremely high regard by clients and peers alike. Mark Bezant has been appointed as an expert witness or independent expert on around 175 occasions, including in front of the Permanent Court of Arbitration in The Hague as well as in LCIA, ICC, DIFC, UNCITRAL, ICSID and other forums. Mike Pilgrem has given oral evidence in proceedings under ICC, UNCITRAL and LCIA rules and is “very sharp, he gets to the centre of the issue quickly and effectively”. Boaz Moselle is “the pre-eminent expert on gas related disputes” and was formerly a managing director at Ofgem, the UK’s energy regulator. David Ashton is “much in demand”, praised for the “incredible breadth of his knowledge” – he is a member of the regulatory decisions committee of the UK Financial Conduct Authority. Andrew Mainz is “tremendously impressive” according to our sources, while Greg Harman scored highly for his testimony in front of American Arbitration Association and ICC tribunals, as well as in the Court of Arbitration for Sport.
In Paris, James Nicholson is “first class”, praised for his testimony before ICSID and ICC tribunals. He is joined by Anthony Charlton, who “stands out from the field” for his work in arbitrations with amounts in dispute ranging up to $2.2 billion. Three nominees are selected in Canada, including the “terrific” Howard Rosen. Leader of the firm’s global international arbitration practice, he is “one of the big names in this field worldwide”. Christopher Milburn’s damage quantification work is “second to none” and Neal Mizrahi is also held in “universally high esteem” for his business valuation and damage quantification work in ICSID, LCIA and DIAC arbitrations.
In New York, Greig Taylor is “one of the foremost experts in the US” and is praised for the international breadth of his expertise, while the “excellent” Basil Imburgia is the North American leader of the firm’s forensic and litigation consulting segment. Jeff Litvak in Chicago is extremely well regarded for his M&A dispute-related work, indeed “it’s difficult to think of anyone better” according to our sources. Steven Huyghe in Atlanta is heavily praised for his construction related expertise. James Searby in Singapore is recognised for his expertise across a wide range of industries, including telecoms, energy, tobacco, healthcare and banking.
The 14 selected individuals from Compass Lexecon hail from six countries, with the US practice particularly strong. Pablo Spiller in New York is a “legendary figure” who has testified in ICSID, ICC, LCIA, and AAA proceedings, and Santiago Dellepiane is “perceptive, to the point and extremely well reasoned” in his testimony on valuation and damages issues. Manuel Abdala has provided written and oral expert testimony in more than 100 international arbitration cases and is “pre-eminent for treaty disputes”, while Joseph Kalt is renowned as arbitrator and mediator as well as for his expert witness work. The firm’s three-strong contingent in Argentina is led by Sebastian Zuccon, who has been team leader in more than 30 international arbitration cases under ICSID, ICC, SCC, AAA and UNCITRAL rules. Jorge Padilla is head of Compass Lexecon Europe and “formidably intelligent”, praised by sources across the world for his work on a range of sectors. Neil Dryden in London scored heavily, recognised for his economics background and the quality of his work. David Sevy is also well known for his competition expertise, as well as for his arbitration-related work on transportation, energy, defence systems and pharmaceutical disputes.
In London, Gerry Lagerberg of PricewaterhouseCoopers is “extremely good”, and earns a place among the outstanding individuals in this field overall. He leads PwC’s international arbitration practice globally and is very well regarded for his work in disputes arising from the energy, real estate and manufacturing industries. Christian Butter is an expert on the quantification and valuation of loss and damages and “impresses all he appears in front of”, while Ermelinda Beqiraj also scores very highly. Peter Clokey has provided expert witness evidence to both the UK High Court and international arbitration courts on 20 occasions, while is among the outstanding experts in Germany. Further nominees in France and the Czech Republic underline PwC’s credentials in this sector.
Deloitte scores very highly in this edition and sees seven nominees selected for inclusion. Four are based in London, with valuation expert Philip Rees attracting high praise for his “sharp intellect, good and reasoned judgement, and ability to grasp the detail of a dispute very quickly”. Andrew Robinson is the lead valuation partner in the corporate finance advisory practice and a “talented and thorough expert who has an excellent command of the underlying material”. Elizabeth Gutteridge’s forensic expertise was also repeatedly commended to us, as was the “first-class” Chris Phillips in Zurich. Andrew Flower rejoined the firm in the Paris office in late 2013 and “has made a real impact on the market”, while two further nominees are selected from Dubai. Humphry Hatton scores very highly, while Neil Hargreaves drew much admiring comment from our sources: “From counsel’s perspective, he is a pleasure to work with, patient and most importantly capable of explaining complex and technical issues in comprehensible terms.”
Berkeley Research Group grows its contingent to seven in this year’s edition. David Saunders has been appointed as expert accountant on more than 70 occasions and has also given oral testimony on 16 occasions in the UK courts and to arbitral tribunals, and he is praised for his “incredible depth of understanding in an impressive range of issues”. Daniel Ryan is co-head of the London office and a “perceptive and persuasive witness”, while Jonathan Humphrey is “much in demand” for his lost profits quantification work in particular. Richard Boulton QC is a “phenomenon”, respected for his work as a barrister in over 200 litigations, and for leading several major fraud investigations, as well as for his background as a chartered accountant. Described as “formidably bright”, he garnered votes from our sources around the globe. In the US, David Teece is BRG’s chairman and principal executive officer; he is dubbed a “trailblazer in this field”. Christopher Goncalves is particularly renowned for his energy sector expertise and has been involved in over a dozen arbitration proceedings under the auspices of ICSID, UNCITRAL, ICC and AAA/ICDR. Bala Dharan has an “exemplary track record” that includes serving more than 25 times as a testifying expert in litigation and arbitration matters, and he is “the first port of call” for all manner of corporate issues.
Seven nominees from Navigant are selected. Brent Kaczmarek leads the firm’s international arbitration group and has served as a financial and valuation expert in more than 60 international arbitrations. He is particularly well known for his investor-state expertise, and is described as “extremely impressive” by our interviewees. Peter Badala is “pre-eminent” for construction disputes while Garry Crossley in Singapore is similarly well regarded in this sphere. Michael Stokes recently relocated to the firm’s London office from Dubai and was also highly recommended for his construction expertise relating to a wide range of industry sectors, including infrastructure and energy.
John Ellison is “one of the forefathers of the industry” and renowned for his work as expert witness, arbitrator and consultant. He has testified in over 40 cases in 10 jurisdictions and is “absolutely first class”; interviewees “cannot say enough good things about him”. He retired from the KPMG partnership in 2010 and now acts as a self-employed consultant, and is once again among the most highly rated experts in our worldwide research. At KPMG, Nicholas Good is “one of the finest of the younger generation” and he is listed alongside the “brilliant” Kathryn Britten, UK chairman of the firm’s forensic practice. Michael Peer in the Czech Republic is fêted as “one of the foremost experts in Europe”. Jean-Luc Guitera in Paris is equally highly rated and has given evidence in English and French in proceedings under ICC, CIRDI, UNCITRAL, OHADA, and ad hoc arbitration rules. Two further nominees are selected in our Spanish research: the “succinct and persuasive” Pablo Bernad Ramoneda has given expert evidence over 150 times at different trials and national and international arbitration hearings, while Fernando Cuñado’s investment arbitration expertise in particular attracted admiring comment.
Andrew Yendall at Alvarez & Marsal is “really rated” by his peers for his construction expertise and he is joined by four further colleagues in these pages. Dominic Wreford’s forensic accounting practice is “exceptional”, and co-head of A&M’s international arbitration group Alexander Demuth is very well regarded in Germany. In Houston, Dean Graves is sought after for his oil and gas expertise, while Laura Hardin has an “exemplary track record” that includes giving evidence in cases brought before ICC, ICDR, LCIA, SCC, ICSID, and ad hoc tribunals.
Four nominees are selected from The Brattle Group. Carlos Lapuerta in London is “fantastic” and earns praise for his testimony in relation to the prices in long-term energy contracts. Alexis Maniatis and Stewart Myers both score very highly in the US research, and José Antonio García is one of the foremost experts in Spain.
NERA’s contingent grows to three with Antoinette Pincott joining in late 2014. Praised for the international breadth of her practice, she has “market-leading experience” relating to bilateral investment treaty disputes as well as international joint venture and distribution disputes. Energy expert Graham Shuttleworth is “exemplary”, while Michael Rosenzweig has served as an expert witness in more than 10 international arbitration cases and testified before the ICSID, ICC and SIAC tribunals.
Philip Haberman of Haberman Ilett in London garnered more votes than any other expert in this year’s research. A “phenomenally skilled expert” who has given oral evidence and been cross-examined more than 40 times before the UK Courts and in LCIA, ICC, ICSID, SIAC and ad hoc arbitration proceedings.