Hot-Tubbing – The Experts Friend?

Concurrent Expert Evidence (CEE), sometimes referred to as witness conferencing, but colloquially known as “hot-tubbing”, is the practice whereby two or more experts at a hearing give their evidence concurrently, thus enabling simultaneous questioning and discussion on the key issues. 

With hot-tubbing becoming increasingly common in dispute resolution, HKA's Peter Caillard shares some reflections from a practising expert's viewpoint, and asks: Is Hot-Tubbing the Expert's Friend?

Context

There is often a battle between opposing legal teams (who seek the best outcome for their respective clients) and the decision maker (whose objective is to arrive at a good decision). Decision makers – be they judges, sole arbitrators or arbitral panels – will wish to compress the experts into narrowing the issues. Hot-tubbing contributes towards this process and should be seen as part of a continuum which includes preparing reports, meetings of experts, presentations,