The topic is Conflicts of Interest in International Arbitration. Which might sound a bit dull. But in fact, this stuff is really very interesting: it will focus on some important law in the January decision of the English Court of Appeal in Secretariat Consulting v A Company, and powers to injunct opposing expert witnesses off the field of play. The principles are relevant, not just to arbitration, but litigation as well.
If the decision is carried across into Australian practice, it might well turn out to be a powerful weapon in any litigation or arbitration involving expert evidence.
The flyer is on the SoCLA website. It includes:
In this session, Keating Chambers will cover:
- An overview of the law in respect of fiduciary duties, duties of confidentiality and expert duties.
- Discussion of the UK court decision in Secretariat Consulting v A Company  EWCA Civ 6.
- The Australian position on conflicts of interest.
- Other Australian law considerations (comparative law re dirty/clean experts and expert shopping).
- Practical considerations (scope of expert retainers, how to contract out of fiduciary duties, injunctions etc).
The Zoom link is https://us02web.zoom.us/j/81300331777
The session will be chaired by Sean Brady.