Independent specialised analysis and testimony for proceedings.
Expert witness nomination involves the provision of independent, specialised knowledge and opinion by a qualified professional to assist in dispute resolution, typically in arbitration, litigation, or other legal proceedings.
Expert witnesses must remain objective and impartial, with primary duty to the tribunal or court.
CACAP provides nomination services for expert witnesses. Panel includes professionals in construction and project management, engineering (civil, structural, mechanical, electrical), quantity surveying and cost estimation, programming, delay and disruption analysis, defects assessment, and contract administration.
CACAP's nomination process for expert witnesses commences when parties submit a request for the nomination of an expert witness to the Centre. The request should include details of the dispute, the technical or professional expertise required, relevant qualifications and experience criteria, and disclosure of any potential conflicts of interest.
The Centre reviews its panel to identify candidates with appropriate expertise and professional standing. Conflict checks are conducted to ensure independence and impartiality. The Centre proposes suitable candidates to the parties for their consideration, or assists in the nomination of an expert witness as required.
Upon nomination, the expert witness assumes responsibility for preparing expert evidence in accordance with the requirements of the relevant dispute resolution process, whether arbitration, litigation, or other proceedings.
The expert witness prepares a report setting out their findings, analysis, and professional opinion. The report is prepared in accordance with applicable rules and procedural requirements. The expert witness remains available to provide testimony, attend hearings, and respond to questions from the tribunal, court, or other parties.
The expert witness has a duty of independence and impartiality, with primary duty to the tribunal or court, overriding any duty to the party who engaged them. The Centre does not administer expert witness proceedings or participate in the substance of the expert opinion. The Centre's involvement concludes upon nomination.
Centre rules, model agreements, and practitioners guides are available on request. Please contact the Centre.