Experts in arbitration: conflict of interest

The Court of Appeal in Secretariat Consulting Pte Ltd and Others v A Company [2021] EWCA Civ 6 considered the scope of the duties of an expert witness in a construction arbitration, and whether the expert was in breach of any duty by allowing an associated company to give evidence in a parallel arbitration against the expert’s employer. The Court of Appeal was able to dispose of the issue by reference to the contractual retainer and found it unnecessary to give any opinion on wider issues of law and equity. The leading judgment was given by Coulson LJ, and shorter assenting judgments were delivered by Males and Carr LJJ.

Secretariat Consulting : the facts