Expert evidence in arbitration/court – too complex?


Our Chairman, Ashley Howlett, on behalf of the Society of Construction Law Hong Kong, cordially
invites you to an evening seminar to be given by Sir Robert Akenhead on Wednesday 2 October
2019 at the Hong Kong International Arbitration Centre.

Sir Robert will address members on the difficulties faced by clients, experts, legal teams and
arbitrators (and judges) by complex expert evidence. This includes experts on engineering analysis,
delay and quantum where there is extensive reliance on computerised analysis or presentation and the
expert reports. The reports may be clear on their face but are dependent upon software and it is
impractical and may be contrary to due process for arbitrators or judges to adjust for instance the
presented critical path programmes to reflect what they wish to find. As the complexity of expert
evidence increases, Sir Robert will consider the due process ramifications as well as ways in which
those involved in arbitration and litigation can simplify matters.

About the speaker:
Sir Robert Akenhead was in full-time international practice as junior, from 1972 until 2007 and from 1989 as leading
counsel, at Atkin Chambers based in London. During that period he also developed an international ADR practice as
arbitrator, mediator and DRB board member, accepting appointments in London, Dubai and Pakistan under the
International Chamber of Commerce Rules, UNCITRAL Rules and LCIA Rules.

In October 2007, Sir Robert was appointed High Court Judge sitting in the Technology and Construction Court in London
and from 2010 – 2013 was Judge in Charge of the Technology and Construction Court. Some of his well- known
judgments were Walter Lilly & Company Ltd v Mackay & Anor [2012] (delays, loss and expense and defects) and
Obrascon Huarte Lain SA v Her Majesty’s Attorney General for Gibraltar [2014] (unforeseen ground conditions and

Retiring from the Bench in December 2015, Sir Robert has returned to being an arbitrator, mediator, adjudicator, DRB
member and adjudicator, involved in disputes both in London and around the world. He is an editor of the Building Law