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ARTICLE · 28 JANUARY 2021

Evolution or revolution for expert evidence in arbitration?

COVID changes to giving of expert evidence have been evolutionary for arbitrations, but revolutionary for some courts.

AustraliaLitigation, Mediation & Arbitration

Owain Stone shares his insights with the Chartered Institute of Arbitrators Australia.

The innovation challenge

Forensic expert Owain Stone recently shared his insights with the Chartered Institute of Arbitrators (CIArb) Australia about changes to expert evidence engagement in arbitrations and litigation. In response to the Covid-19 pandemic, both courts and arbitrations had to innovate.

In this article, Owain notes that while this has been a steady evolution for the historically more innovation-friendly arbitrations, the recent changes are more revolutionary for some courts.

"The unexpected and unprecedented restrictions arising from the international response to COVID-19 has meant both international arbitrations and the courts needed to respond," Owain noted. "...do arbitrations still have an edge in terms of flexibility and practicability when it comes to expert evidence?"

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