Andrew Flower has over 25 years’ experience in providing expert evidence on quantum issues in international arbitrations – both commercial and investor-state. He has provided evidence in arbitrations conducted under the auspices of many arbitral institutions. He has been appointed by the ICC Centre of Expertise as a tribunal expert; provided advice to parties in post-transaction disputes; and acted as the determining expert. Andrew was previously the global head of disputes at Deloitte.
WHAT ATTRACTED YOU TO A CAREER IN COMMERCIAL AND INVESTOR-STATE ARBITRATION?
I fell into the world of forensic accounting more by accident than by design. However, my first ever matter ran for three years, and culminated in the lead partner providing evidence before a distinguished panel at the Peace Palace in The Hague, Netherlands. This got me hooked pretty fast, especially when combined with the intoxicating mix of working across cultures in an international context and visiting parts of the world I would be unlikely otherwise to visit.
WHAT QUALITIES MAKE A SUCCESSFUL EXPERT WITNESS?
It goes without saying that the ability to convey one’s professional opinion clearly in writing and with impartiality is critical. What is also needed is the ability to work closely with instructing counsel – often under demanding time constraints. I’ve found that a sense of humour, especially when under pressure, helps enormously in this. Enjoying the process of cross-examination is also essential.
AFTER SPENDING 15 YEARS AT BIG FOUR ACCOUNTING FIRM DELOITTE, WHAT MOTIVATED YOU TO MOVE TO ALVAREZ & MARSAL?
There were a couple of reasons. I had been a partner at Deloitte for 15 years in, variously, London, Paris and New York. I simply felt it was time for a change. Moreover, in a firm the size of Deloitte, forensic accounting, and more specifically the expert evidence end of it, is a minor specialist area that is therefore challenged in attracting the attention of leadership and investment. Conflicts were also increasingly problematic and I could only see this becoming worse with the move of the Big Four into legal services. At A&M, it’s a core service line and one in which the firm is willing and keen to invest to develop. I was keen to be part of that development. Exciting times lie ahead.
HOW HAS THE COMPETITION FOR EXPERT WITNESS WORK EVOLVED SINCE YOU STARTED YOUR CAREER?
Twenty-five years ago there were a few people in the big accounting firms close to the legal community (linked to accounting malpractice suits) and a few former industry people boosting their pensions by dabbling in the world of expert evidence. The world of hobbyists is long gone: we now have publications like WWL listing leading experts, conferences on what makes a good expert, guides on giving evidence, etc. The world has become far more competitive and challenging.
WHAT ROLE CAN JOINT EXPERT MEETINGS AND HOT-TUBBING PLAY IN THE EFFECTIVE PRESENTATION OF EXPERT TESTIMONY?
If used correctly, witness conferencing and hot-tubbing can be of great assistance to tribunals in identifying the real differences between experts. However, I think there is much to be done to structure such meetings assess the appropriate timing of such meetings and the outputs therefrom to ensure maximum benefit is derived. As it currently stands, the way in which opposing experts are asked to hot-tub differs on each and every occasion and at times seems to be little more than a last minute afterthought by tribunals.
HOW WOULD YOU LIKE YOUR PRACTICE TO DEVELOP OVER THE NEXT FIVE YEARS?
I am naturally looking to grow the team in Paris, to recruit and develop individuals to become experts in their own right. I am also keen to continue develop and foster the team spirit among the existing cohort of experts within A&M – such that we are seen as, and continue to be seen as, one of the leading providers of expert services globally.
WHAT IS THE BEST PIECE OF CAREER ADVICE YOU HAVE RECEIVED?
One of the classic challenges for someone coming into the world of expert evidence is how to find that first opportunity to give evidence. I think it is critically important, therefore, for someone new to attach themselves to a good mentor: someone who sees the need to bring on new talent and give opportunity to the next generation. This was something I was told early on and took to heart. I am also proud to have been able to offer that opportunity to a number of people in my teams over the years.
Andrew Flower is one of the foremost names in the French market with over two decades’ experience across diverse sectors, including infrastructure, utilities, and aerospace and defence.
Andrew Flower has over 25 years’ experience providing expert evidence in international arbitration (both commercial and investor-state). He has provided expert evidence in arbitrations conducted under the auspices of many institutions including ICC, ICDR, ICSID, DIAC, NAI, DIS, and under UNCITRAL rules. He has provided written evidence in over 150 disputes and has testified and been cross-examined on his evidence on many occasions before tribunals around the world including New York; Washington DC; London; Paris; Stockholm; Geneva; Zurich; Dubai; Singapore; the Hague and Brisbane.
Andrew has been listed by Who’s Who Legal as a leading expert in arbitration since inception of the list. In 2019 he was globally recognised as a Thought Leader in International Arbitration.
In the course of his career, Andrew has also provided advice to parties in post-transaction disputes, both in connection with arbitrations and in the context of expert determinations. Andrew has acted both as an advisor to one of the parties and as the appointed determining expert.
Andrew has been appointed as an independent expert by the ICC Centre of Expertise. He has also been appointed by a tribunal in an ICC arbitration. Andrew has also acted as mediator in a royalty dispute.
In addition to his arbitration related experience Andrew assisted Vivendi as defendant in its long running class actions suits in the New York Courts in relation to its management in the Messier era and has provided written expert evidence in matters before the English High Court. He was also one of the senior advisers to the Kuwait government in the assessment of corporate claims for damages arising from the First Gulf War.
Andrew is a fellow of the Institute of Chartered Accountants in England and Wales, and is a native English and fluent French speaker.
Andrew Flower is a key name in the French market who stands out thanks to his profound ability when it comes to providing damages assessments in complex arbitration proceedings.
Andrew Flower has extensive experience providing expert evidence in international arbitration. He has provided written evidence in over 150 disputes and has testified and been cross-examined on his evidence on many occasions around the world.
In 2017, Andrew was listed in WWL: International Arbitration as one of the top 10 leading expert witnesses in Europe, having been recommended as a leading expert since the list’s inception. Also in 2017, he was one of 24 experts recognised as a Thought Leader in international arbitration.
In June 2018, he joined Haberman Ilett to set up its Paris office. Prior to joining Haberman Ilett, Andrew was the global leader of the disputes practice at Deloitte.
Andrew has dealt with disputes in many industries including aerospace and defence, manufacturing, transport, pharmaceuticals, education, property, information technology, telecommunications, mining, construction, and travel and leisure. He has acted in disputes between joint venture partners, in distribution contract disputes and in connection with the privatisation of businesses in CEE.
In the course of his career Andrew has also provided advice to parties in post-transaction disputes, both in arbitrations and in expert determinations. Andrew has acted both as an adviser to a party and as the appointed determining expert.
Andrew has been appointed as an independent expert by the ICC Centre of Expertise and by a tribunal in an ICC arbitration.
Andrew is a fellow of the Institute of Chartered Accountants in England and Wales. He speaks English (native) and French (fluent).