Neuberger LJ has challenged the established requirement that expert witnesses be independent and unbiased.
Sir David suggested that it is against human nature to expect experts, with their inevitable client loyalty, to present unbiased evidence.
Instead, they should be entitled to present their best case, which the arbitrator will then judge.
Sir David discussed arbitration and other forms of alternative dispute resolution (ADR), citing its availability and success as a prime reason for the growing decline in litigation.
However, he suggests that ADR might only be “a short-term fashion”.
References: EGi Legal News 10/03/06
