Our Services:

• Engagement of Expert Evaluators: We assist in finding and appointing the best-suited experts for evaluating specific issues in dispute.
• Representation in Expert Proceedings: We represent our clients during the expert evaluation process, ensuring that the findings are objective and in line with their interests.
• Review and Challenging Expert Reports: Our team provides a thorough analysis of expert reports and assists in challenging biased or unfair conclusions where necessary.
• Pre-litigation Assessment: Assisting clients in assessing the strength of their case before taking it to court.

Types of Evaluation:

• Advisory Expert Evaluation: The expert’s opinion serves as a guideline for settlement.
• Binding Expert Evaluation: The expert’s decision is binding, often used in contractual disputes.
• Single Expert Evaluation: A single expert evaluates the case and provides an opinion or recommendation.
• Panel of Experts: In more complex cases, multiple experts may be appointed to provide a collective opinion.
• Technical Expert Evaluation: Common in construction law, engineering disputes, and intellectual property cases, where technical expertise is required.
• Legal Expert Evaluation: Used to provide legal opinions on complex legal issues, such as contract interpretation or corporate governance disputes.
• Financial Expert Evaluation: Frequently used in disputes involving accounting, tax, or financial management issues.

Procedures

1. Agreement to Use Expert Evaluation: The parties agree to submit their dispute to an expert for evaluation.
2. Selection of Expert: The parties agree on a qualified individual with expertise in the subject matter (e.g., construction, technical, or financial issues). This is crucial in resolving factual disputes that require technical knowledge.
3. Submission of Case Materials: Provide the expert with all necessary documents.
4. Expert’s Role: The expert examines facts & evidence presented by both sides, often conducting site visits, analyzing documents, or holding technical meetings with parties.
5. Evaluation Report: The expert drafts a detailed report outlining the issues, their findings, and often their opinion on the appropriate resolution.
6. Presentation: The expert's findings are shared with both parties.
7. Implementation: While expert evaluation is not binding, the parties may use the findings to guide settlement discussions. In some cases, the evaluation may be incorporated into further negotiations, conciliation, or arbitration.

Relevant Laws

• Arbitration Act, 1940: Allows for expert opinions to be part of arbitration proceedings.
• The Evidence Act, 1872 (Section 45): Governs the admissibility of expert opinions in court or ADR proceedings.
• The Alternative Dispute Resolution Act, 2017: Provides a legal framework for utilizing expert evaluation within ADR.