Experts Fiduciary Duty of Loyalty

1 min read

The authors thank HKA partner Franco Mastrandrea for joining us on this podcast.

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White & Case partners, Ellis Baker and Michael Turrini, held a discussion alongside HKA partner, Franco Mastrandrea, on the recent case of A Company v (1) X (2) Y (3) Z [2020] EWHC 809 (TCC) where a consulting firm was blocked from providing expert witness services in an ICC arbitration over a petrochemical plant because an affiliate of the firm had been instructed by the opposing side in another ICC case related to the same project.

The podcast explores the judgment of the High Court of England and Wales (Justice O'Farrell) and comments on the commercial implications of this judgment and the key issue of whether an expert owes a fiduciary duty to its clients.


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