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Challenges in Expert Evidence in Memorial Style Pleadings in the Arbitration
In recent times, there has been an increase in the parties favouring memorial style pleadings over more traditional common law pleadings. A memorial style pleading requires an expert assessment to determine the claims pleaded by a party to the case. Naturally, this would increase the role and the responsibility of the Expert in any dispute. The article briefly discusses the challenges Expert’s face in providing Expert Evidence to the Tribunal in memorial style pleadings. My experience predominantly lies in matters of Delay and Quantum; hence I shall discuss challenges faced by experts in these matters.