Party-appointed expert

Article

Party-appointed expert

Dispute Services

Party-appointed experts are instructed to prepare expert evidence (written reports and oral testimonies) for the purpose of litigation or arbitration proceedings when commissioned by one side of a dispute. Each party is free to choose its own expert.

This type of expertise is widely utilised in arbitration, especially on international grounds. Party-appointed experts address the issues that are set out by the instructing party, typically by its legal counsel. By the disclosure of instructions received from the appointing party as well as facts, documents and assumptions considered in reaching their conclusions, the experts are expected to remain professional, objective and uninfluenced by the position of their clients. By adhering to the relevant rules of arbitration and signing the expert’s declaration alongside their reports, they are obliged to recognise their overriding duty to the tribunal and not to their instructing party.

In civil law litigation party-appointed expert reports are termed private opinions and regarded as party statements only, thus considered inferior to court-appointed expert evidence.

Nevertheless, even when instructed to work as party-appointed experts in litigation, as opposed to being retained as dispute advisors, we put our independence as an overriding principle of our work and hence we do not compromise the impartiality or quality of our work against our client’s expectations. Our professional remuneration is never dependent on our conclusions.

Typically, we are retained as party-appointed experts:

  • by a claimant - to assess the quantum of the claim under any heads of damages including operating/capital expenditure incurred and lost profits/value and submit the report to the court for the use of the judge and a court-appointed-expert, if appointed;
  • by a respondent - to review and provide a rebuttal to the claimant’s quantum expert report and submit the report to the court for the use of the judge and a court-appointed-expert, if appointed; and
  • either by a claimant or a respondent - to review and critique a court-expert report.


In any case, we strive to provide the court and the Client with robust and coherent reports written in plain language in order to convey our, often complex and detailed, findings and conclusions in an understandable way.

Our role: Party-appointed expert

Type of proceedings: Arbitration

Type of dispute: Non-performing contracts

Industry: Energy, Resources & Industrial

Our services: Assistance to the coke producer from Bosnia and Herzegovina (Claimant) against its dominant supplier of coking coal and exclusive coke client from UK (Respondent) in arbitration proceedings under the regime of London Court of International Arbitration (LCIA). The Claimant identified several heads of damages claimed as a result of the alleged contractual breaches by the respondent. Prepared a series of reports quantifying both the claims and the counterclaims by the Respondent.

Our role: Party-appointed expert

Type of proceedings: Litigation

Type of dispute: Shareholder disagreements

Industry: Financial & Other Services

Our services: Review of damages quantification submitted by a global investment fund (Claimant) and a former shareholder of one of the leading insurance groups in CEE (Respondent) alleging lost profits due to the lack of dividend payment. Preparation of two rebuttal reports for the Respondent.

Our role: Party-appointed expert

Type of proceedings: Litigation

Type of dispute: Non-performing contracts

Industry: TMT

Our services: Review – on behalf of one of key telecom operators in Poland (Respondent) – of damages computation submitted by a court-appointed expert in a dispute with a former agent (Claimant) over the change of commercial terms in the underlying agency agreement. Preparation of a private opinion for the Respondent.

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