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ARTICLE · 16 NOVEMBER 1998

Point/Counterpoint: The Simultaneous Examination of Opposing Experts

Sutherland Asbill & Brennan LLP
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United StatesAccounting and Audit
POINT/COUNTERPOINT: THE SIMULTANEOUS EXAMINATION OF OPPOSING EXPERTS

Expert witnesses are commonly presented by opposing parties involved in arbitrations to help resolve disputed factual and scientific issues. All too often, however, the opinions of the expert witnesses employed by the opposing parties are in conflict, creating great difficulty for the arbitrators in reconciling the conflicting opinions.

In the typical arbitration case each side presents its witnesses independently. Although the opposing party has the right of cross examination, and the arbitrators themselves have the right to examine the experts, there is almost no way to find any common ground between some opposing experts, creating a quandary for the arbitrators.

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