Tuesday, May 4, 2021
Introduction
In today’s digital society, accelerated by the COVID-19 pandemic, data protection laws have become increasingly common, complex and wide-ranging. Given the high speed at which these laws are being introduced and evolve, arbitral participants’ knowledge about their data protection obligations, and the serious penalties they risk for failure to comply
[1], is seldom exhaustive and up-to-date.
Several of the major arbitral rules and guidance have been updated in the last two years and now include a general requirement for tribunals and parties to consult and address data protection issues early on during an arbitration
[2].
Participants”)
[3] have numerous data protection obligations, which may compete and overlap, creating a complex compliance framework, especially in disputes that typically involve a significant amount of personal data, such as large-scale construction, technology and digital information disputes.
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This alert considers two recent English court judgments providing important guidance impacting expert evidence, first as regards conflicts of interest and, second, as regards the risks of an award being challenged for serious irregularity upon a misapplication by the tribunal of a model agreed between quantum experts for assessing damages.
FIRST CASE: COURT OF APPEAL RULES ON CONFLICTS OF INTEREST FOR EXPERTS
The first case we consider is the important decision of the English Court of Appeal in (1)
Secretariat Consulting Pte Ltd, (2)
Secretariat International UK Ltd, (3)
Secretariat Advisors LLC v A Company [2021] EWCA Civ 6. In this case, the Court of Appeal ruled that Secretariat, an international expert services practice, breached a contractual duty to avoid conflicts of interest when it accepted appointments from different parties in related arbitrations. The issues in the case were novel: this was the first
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Recent Development in Expert Evidence: The English Court Provides Guidance on Experts Conflicts of Interests and Highlights the Potential Pitfalls int he Use of Financial Damages Models Tuesday, January 26, 2021
This alert considers two recent English court judgments providing important guidance impacting expert evidence, first as regards conflicts of interest and, second, as regards the risks of an award being challenged for serious irregularity upon a misapplication by the tribunal of a model agreed between quantum experts for assessing damages.
First Case: Court of Appeal Rules on Conflicts of Interest for Experts
The first case we consider is the important decision of the English Court of Appeal in (1)