Arbitration 2019: Expert Witnesses Analysis

In this chapter we identify the leading 236 arbitration expert witnesses from 22 jurisdictions. They are selected for their excellence across a wide range of matters, including valuations, quantum analyses, financial consulting, and giving testimony on commercial and contractual disputes.  

Methodology

The Global Elite Thought Leaders are those individuals who received the highest number of nominations from peers, corporate counsel and other market sources this year. Our research has idenitified them as truly outstanding practitioners and the very best in their field.
 
Who's Who Legal does not list firms, only individual experts. The leading firms are those in each region whose listed practitioners received the most total nominations in our research.
 

EMEA

Global Elite Thought Leaders
1. Philip Haberman Haberman Ilett, London
2. Richard Boulton QC Berkeley Research Group, London
3. James Nicholson FTI Consulting, Paris
4. Mark Bezant FTI Consulting, London
5. Boaz Moselle Compass Lexecon, London
6. Roula Harfouche Accuracy, London
7. Carlos Lapuerta The Brattle Group, London
8. Alexander Demuth Alvarez & Marsal, Munich
9. Timothy Allen PricewaterhouseCoopers, London
10. Chris Osborne Osborne Partners, London
11. Mike Pilgrem FTI Consulting, London
12. Gervase MacGregor BDO LLP, London

Leading Firms

FTI Consulting

This international powerhouse dominates the EMEA market this year with a total of 17 listings for its practitioners, including three Global Elite Thought Leaders.
The “superb” James Nicholson ranks as an elite arbitration expert witness. Peers and clients impart that “his forensic valuation skills are second to none", and note that he has "a calm manner under pressure”. 
Mark Bezant is "an excellent expert witness" who is "persuasive without appearing to take the role of an advocate for a party", say sources. They add, “He brings intelligence and impressive analytical skills to his work”.
Mike Pilgrem is "extremely clever and experienced" and is "able to explain complex issues simply" to tribunals, comment interviewees. He has extensive experience as a testifying witness before institutions including the LCIA and UNCITRAL.
Juliette Fortin gains recognition as “an outstanding practitioner in the market” from international peers who highlight her as a specialist in damages assessments and transactional disputes. She has 20 years’ experience in the field.
John Ellison has a world-class reputation in the market with respondents commending the depth of his expertise on sale and purchase disputes and valuations in investor-state disputes. He also has extensive experience acting as arbitrator under various arbitral rules. 
Steve Harris is recognised by sources for his "excellent eye for detail" when preparing analyses, as well as his "quietly authoritative manner", "sharp mind" and "creativity".
Richard Edwards is "a very impressive individual" according to sources who highlight his superb understanding of damages assessments and valuations. Interviewees note that Edwards “has a thorough grasp of all the aspects of a case”.
Noel Matthews is a "responsive and effective" expert witness who peers praise for his "calm manner" when working on issues such as business valuation.
Matthias Cazier-Darmois is a highly regarded figure among peers in the international market with broad experience in damages assessments in commercial and contractual disputes.
David Ashton is "very good at looking at things from a client's point of view" and "never loses sight of what the expert's obligations to a tribunal are" according to well-placed sources. He commands over 45 years of experience in loss of profit and fraud investigations.

Compass Lexecon

A renowned economic consulting firm that demonstrates the depth and breadth of expertise by achieving nine listings in total.
Peers and clients alike laud Boaz Moselle as one of the leading names in the market, with sources calling him “an amazing, shockingly intelligent and knowledgeable expert in gas pricing matters”. He is regarded as “one of the best testifying economic experts out there”.
Julian Delamer is praised extensively by clients as “very clever, thorough and professional in his approach to complex damages issues and regulatory matters”. He is also commended as “extremely easy to work with”.
Jorge Padilla is the top name in Spain in this year’s research and is highlighted by respondents as “one of the world’s leading experts”. His speciality lies in providing expert testimony on competition matters before tribunals, courts and competition authorities.
Neil Dryden’s practice focuses on competition matters across a wide variety of industries and sectors. Sources call him “an excellent economist and a very impressive witness who withstands cross-examination very well”.

Haberman Ilett

This specialist accounting firm Habermann Ilett performs impressively in this year’s research, garnering eight listings for its practitioners.
The "highly rated" Philip Haberman is "hugely respected as an expert", say sources, and emerges as the top international arbitration expert witness in EMEA in this year’s research. He is renowned for providing "bespoke service at the top of the quality tree".
Sources have "high praise" for firm co-founder Frank Ilett, noting his extensive experience as an expert witness in arbitration contexts. He has spent over 25 years as a forensic accountant, with a focus on loss and damages disputes for clients across a variety of sectors.
Debbie Revill is a "superb" expert who has deep experience testifying on quantum issues, with notable experience in the energy and natural resources sector.
Liz Perks draws widespread praise for her outstanding forensic accountancy expertise, which she has deployed on a plethora of investment treaty arbitrations.

Berkeley Research Group

This prominent strategic advisory firm counts five of its number listed in this year’s edition.  
The “tremendously talented and quick” Richard Boulton QC is “an obvious pick as an expert witness” in arbitrations, according to interviewees, and ranks as one of the most prominent minds in the international market.
Daniel Ryan garners emphatic praise from peers in the US and the UK as “a smart expert witness who is excellent in the IP space”.
Heiko Ziehms is singled out by respondents this year for “his excellent financial and accounting expertise in commercial disputes”. He is described as “pragmatic, reliable and an impressive critical thinker”.
David Saunders is a well-respected name in the international market. He is well versed in both commercial and investment arbitrations, advising on valuations and quantum of damages matters.
The Dubai-based Michael Kenyon is described by international peers as "a great quantum expert who is very active in the market".

Accuracy

A top-tier independent advisory firm that distinguishes itself by accruing an impressive 11 listings in our research this year.
Roula Harfouche is one of the leading figures in the international market and is described as “a terrific and very diligent expert” by sources. She focuses on contentious valuations and quantum assessment matters.
Hervé de Trogoff is considered “an excellent, go-to delay expert on cases with a civil law angle” by market commentators. He is particularly experienced in analysis of delay and loss of productivity in construction projects.
Jonathan Ellis has wide-ranging accountancy experience and "works seamlessly with the legal and client teams", according to commentators. His speciality lies in the quantification of damages and valuations both in litigation and arbitration proceedings.
Clients comment that Giovanni Foti has “impressive financial acumen, and is very accurate in his analysis”. He is the top Italian expert in this year’s listings.
Nicolas Barsalou is described by commentators as “one of the best financial experts due to his precise analysis and cross examination skills”. He has over 25 years of experience in the quantification of damages.
Erik van Duijvenvoorde is a well-regarded expert witness among international peers who is praised for his “responsive, precise and creative work”. He has deep experience in forensic accounting and fraud investigations, as well as quantification of damages matters.

Other Leading Individuals

England

The “very smart and practical” Carlos Lapuerta at The Brattle Group is a leading light as an expert in international arbitration proceedings. Sources comment: “He is not just a quantum expert, he’s a regulatory expert and can deal with the number crunching.”

Richard Caldwell has notable experience in testifying on damages and financial issues in international arbitrations. According to one peer, “Richard is not only an exceptionally knowledgeable expert, he also has that rare quality of being able to explain his opinions clearly and in a compelling manner to arbitrators, who are mostly lawyers.”

Timothy Allen at PwC leaves sources “impressed by his knowledge and expertise of quantum issues, his collegiality and his report preparations”. In addition, he is commended for his “excellent giving of evidence on the stand”.

Gervase MacGregor with BDO is an experienced and talented practitioner who is lauded by sources for his "impressive calm in giving testimony" with "strong insight and attention to detail". His expertise covers matters including compensation claims and matters related to the oil, gas and natural resources industries.

Philip Rees at Deloitte is a well-established name in the market among peers, one of whom describes him as “top of the list” for referrals. He focuses on assessment of damages, valuations and contractual dispute matters.

Peers report that Nicholas Good of KPMG is “excellent and straightforward to work with”. He is particularly well regarded for his testifying expertise, with one interviewee commenting, “He is convincing in the box.”

Elizabeth Gutteridge is a “very sensible” and “easy-to-deal-with expert”, note impressed sources. One interviewee adds, “I find her clear and consistent as a practitioner.”

Richard Indge at Ernst & Young is considered “a practical and experienced expert witness” by peers across Europe. He draws on significant experience in damage quantification and valuations.

Kathryn Britten at AlixPartners stands out as "one of the top arbitration experts dealing with auditing misstatements and malpractice" and impresses market commentators with "her deep understanding of financial issues, which leads her to very sound conclusions in testimony".

Independent Economics & Finance’s Tim Giles is a prominent name in the market for his top-tier economics expertise, which he regularly deploys on complex and high-profile cases.

Global Elite Thought Leader Chris Osborne at Osborne Partners does "brilliant work" as an expert witness, with observers "particularly impressed" by his handling of matters such as post-acquisition disputes and loss of profit claims.

France

Jean-Luc Guitera at KPMG "has a great deal of professional experience in corporate transactions and investment arbitrations, to which he applies his sound valuation skills”, comment impressed sources. He has experience spanning nearly 30 years, covering valuations as well as forensic and fraud investigations.

“Excellent accountant” Andrew Flower at Alvarez & Marsal is noted for his outstanding expertise in the French market, earning acclaim from peers across Europe and Asia for his practice as an arbitration expert witness. He possesses over 20 years of experience as an expert in both commercial and investor state arbitrations.

Anthony Charlton at Deloitte earns praise from peers across Europe for his skill as an expert witness. He has over 20 years of expertise in loss quantification in international disputes, as well as fraud and financial investigations.

Germany

Alexander Demuth of Alvarez & Marsal is one of the elite practitioners in the international market. He commands “an impressive skill set, is easy to work with and handles cross-examination excellently”, comment respondents to our research.

Kai Schumacher at AlixPartners is described as “extremely smart, quick and efficient, with a superb overview of case work”. He has 20 years of experience in damages quantification, forensic investigations and asset evaluation.

Spain

Fernando Cuñado at KPMG is "well known and highly respected in the arbitration community", according to sources, who highlight his "amazing depth of experience with Latin American matters".

Switzerland

Geoffrey Senogles at Senogles & Co, Chartered Accountants – Forensic Accounting is widely regarded as one of the top accountants working in the Swiss market. He is particularly well known for his substantial experience testifying in international commercial disputes.

 

North America

Global Elite Thought Leaders
1. Manuel A Abdala Compass Lexecon, Washington, DC
2. Pablo T Spiller Compass Lexecon, New York
3. Howard Rosen Secretariat International, Toronto
4. Santiago Dellepiane Berkeley Research Group LLC, New York
5. Pablo D López Zadicoff Compass Lexecon, Washington, DC
6. Greig Taylor AlixPartners, New York
7. Daniel Flores Quadrant Economics LLC, Washington, DC
8. M Alexis Maniatis The Brattle Group, Washington, DC

Leading Firms

Compass Lexecon

This leading international economic consultancy firm emerges as the pre-eminent outfit in North America for expert witnesses, with a total of nine listings.
Pablo Spiller emerges as one of the most prominent names in the market this year. He is described as “a star expert” by peers across the globe thanks to his considerable experience testifying as an expert witness on a range of issues in treaty and contractual disputes.
Manuel Abdala is identified as “a terrific expert who is a very effective testifier”. He is well versed in treaty dispute matters related to damage valuations, as well as shareholder dispute issues and competition investigations.
Pablo López Zadicoff draws effusive praise from peers, who describe him as “a fantastic star in the field” who is known for “producing work of exceptional quality while working extremely hard”.
Carla Chavich is a favourite among peers and clients alike, who single her out as “a very thorough and incredibly smart expert” who is “a pleasure to work with”. Her expertise lies in valuation matters as well as international treaty and contractual disputes.
Joseph Kalt is a “highly respected economist of energy markets”, say sources. He has vast experience advising clients on antitrust, regulation and economic policy matters.

Ankura

Features prominently in this year’s research, and sees six of its experts distinguish themselves in our listings for the North American market.  
Israel Almodovar is highly recommended by clients who say, "He is very articulate and well prepared to justify his positions." One source adds, "He was also great at helping us prepare for the hearing and anticipated critical issues from the other side."
Scott Gray is a go-to expert in the US market who stands out for his extensive experience providing quantum analysis in disputes across the construction sector.
John Livengood is a go-to expert for complex delay analysis and is known for his extensive testifying experience in arbitration proceedings relating to construction disputes.

Other Leading Individuals

Canada

New arrival Howard Rosen of Secretariat International is a star of the international expert witness market. Market sources describe him as “at the top of the valuation field” and report that he is “deservedly considered one of the best” damage quantification and valuation expert witnesses around.
Chris Milburn has deep experience as an expert witness in the natural resources sector and is praised by peers for his "unparalleled knowledge of every aspect of mining project valuation".

Neal Mizrahi of FTI Consulting is described as "a joy to work with and a team player" by sources who praise his ability to "see the big picture" when handling business valuations and loss quantification matters.

USA

Santiago Dellepiane at Berkeley Research Group is described as “a fantastic expert who is smart and easy to work with”. His practice focuses on regulatory and economic analysis, valuation matters and damages issues.

Greig Taylor with AlixPartners is praised emphatically by peers as “a very good, commercially savvy expert”. His practice focuses on damages assessment and other quantum matters.

Daniel Flores of Quadrant Economics is lauded by one client as “the best expert I have seen in a tribunal”. He is recognised for his “superb work on quantum analysis matters”.

Matthew Shopp at Versant Partners earns high acclaim as “an impressive rising star with outstanding intellect , attention to detail and a responsive manner”. His speciality is in quantum issues in high-value commercial arbitrations.
Kiran Sequeira is esteemed among clients and peers in the international market, who describe him as “an outstanding expert who is extremely through in their analysis and a pleasure to work with”. He commands over 15 years’ experience in quantum of damages matters.

Alexis Maniatis at The Brattle Group wins plaudits from peers in Europe, North America and Asia as one of the US’s top expert witnesses in relation to damages and valuation claims, with over 20 years of experience in the area.
Daniel McFadden is one of the USA’s leading economists and a Nobel Laureate, leading sources to understatedly call him a “very bright guy”. He has decades of experience of advising and testifying in connection with arbitrations.

Don Harvey at Secretariat International is a go-to name in the international market who is well known for his wealth of knowledge on programming disputes and damages quantification.

James Searby is a distinguished practitioner who stands out for his impressive handling of business, damages and contract valuations.

Forensic accountant Timothy Hart of Credibility International is identified by peers internationally as "a top-notch name in the market". He is well versed in financial and quantitative matters in international disputes.

Dakus Gunn at Delta Consulting Group is a “knowledgeable and easy-to-work-with” expert who earns acclaim for his “ability to see the grey in issues”. One client comments, “Dakus has become the person we call to know anything about the case.”
Jeffrey Fuchs is a “phenomenal testifying expert” who has expansive expertise in relation to construction projects and over 35 years’ of experience in the field.

Laura Hardin of Alvarez & Marsal is a highly sought-after individual who has vast experience in high-stakes arbitration proceedings conducted under a variety of rules as well as ad hoc cases.

 

Latin America

Global Elite Thought Leaders
1. Sebastian Zuccon Compass Lexecon, Buenos Aires

Leading Individuals

Argentina

Sebastian Zuccon at Compass Lexecon is considered “a fantastic expert for complex cases”. He focuses his practice on damages assessment in investment treaty and commercial disputes.
Marcelo Schoeters in the firm’s Buenos Aires office is “an extremely experienced expert who is excellent at testifying”, comment interviewees. He stands out as one of the very best names in Argentina for damages valuation.

The “smart and practical” Daniela Bambaci at Berkeley Research Group is credited as “amazing to work with” by impressed interviewees. Clients tell us, “Daniela was very detail-oriented and was extremely prepared for the hearing.”

Brazil

Cristiano de Sousa Zanetti at Cristiano Zanetti Advogados is recognised as “an excellent professor and expert” in the Brazilian market, and a go-to choice for a broad range of domestic and international disputes.

Chile

Jorge Fantuzzi at FK Economics is singled out by market commentators as “definitely one of the best options for antitrust and damages estimations”. Sources add, “He asks the right questions and is focused on the relevant issues; he’s very meticulous.”

 

Asia-Pacific

Global Elite Thought Leaders
1. Mustafa Hadi Berkeley Research Group, Hong Kong
2. Jon Prudhoe Ankura, Singapore
3. Mike Allen FTI Consulting, Hong Kong
4. John McGuiness McGrathNicol, Sydney
5. Graham McNeill FTI Consulting, Hong Kong

Leading Firms

FTI Consulting

This international leader is the top firm in the Asia-Pacific market in terms of the number of practitioners listed, with 10 experts recommended this year.
Chaitanya Arora wins effusive praise from peers in the space for his wealth of knowledge on damages quantification and business valuation. He is a favourite among clients, who impart that he has “the ability to consider issues practically and has strong communication skills”.
Mike Allen is a well-known figure in the market who peers praise as “a personable and top-class expert”, particularly on matters pertaining to the construction sector. He has over 30 years of experience in the area.
Montek Mayal is singled out by respondents for his “clarity, depth of knowledge and articulate manner”. He has extensive expertise in natural resources and telecommunications matters, among other areas.
Global Elite Thought Leader Graham McNeill is lauded by clients as a "conscientious, clear and independent" expert who "presents his expertise in an easy-to-understand and thoughtful manner".

Other Leading Individuals

Australia

John McGuiness at McGrathNicol is held in high esteem by clients and peers alike, who recognise “the high quality of his work, featuring sound mathematical analysis, as well as his very approachable manner”. He continues to be regarded as one of Australia’s pre-eminent names for arbitration testimony.

“Top expert” Owain Stone at KordaMentha is a respected practitioner in the market, report commentators, and he stands out for his “sensible and balanced” testimony.

Jonathan Humphrey at Berkeley Research Group is identified as “a big name in the market”. His practice focuses on loss and damages quantifications arising from issues such as contract breaches and negligence.

Hong Kong

Mustafa Hadi at Berkeley Research Group is “an extremely thorough and invaluable expert who is very active in the market”, state commentators. He is highly experienced at providing valuation, damages and accounting testimony in commercial and investment treaty disputes.

India

Vidya Rajarao at Grant Thornton is “a very hands-on expert who leads discussions brilliantly”. She commands over 15 years of experience in forensic accounting matters.

Singapore

Jon Prudhoe at Ankura is praised by peers as “the go-to name for expert work”. He is described as "very meticulous and calm" and is known for his leading expertise in quantum and delay matters in the construction industry.

Jonathan Ellis at Accuracy has wide-ranging accountancy experience and "works seamlessly with the legal and client teams", according to commentators.

Michael Peer at PwC is “excellent in cross-examination and clearly has an upper hand during witness conferencing”, according to sources who note he also “has the ability to spot real solutions and is very responsive”.

Independent expert Richard Hayler is described as "an outstanding expert witness" by peers who praise his expertise in loss of profits as well as shareholder and royalty disputes.

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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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