Igor Churkin, FBK Managing Partner (Advisory), took part in a webinar titled ‘Economic Experts in International Arbitration’, organised by the Arbitration Association. The event gathered practicing experts and arbitration lawyers and confirmed that even a strong expert report can be devalued instantly if insufficient attention is paid to hearing preparation.
In his speech, Igor Churkin gave a detailed analysis of what happens after the report has been written: how to build effective collaboration with the legal team, why an expert should prepare a Q&A list in advance, and which questions are almost inevitably asked at the onset of direct examination. The expert pointed out that in modern arbitration, a specialist has long ceased to be merely an ‘appendix’ to a lawyer's legal position. How early and how skilfully the expert is integrated into the strategy affects not only the potential damages award but also the sustainability of the entire decision.
Particular attention was paid in his report to cross-examination preparation. Mock exams, identifying the ‘weak spots’ in the expert report, and rehearsing responses to difficult questions help the expert feel more confident and reduce the risk of unintentional errors under pressure.
The expert also dwelt on typical tactics used by opposing counsel: attempts to systematically dismantle the expert's CV and experience, force the expert into ‘yes/no’ answers, impose false premises, and use every slip against the expert. In response, the expert must remain calm and in control of the examination's pace, avoid volunteering unnecessary information, honestly acknowledge the limits of their expertise, and — all the while — strengthen the tribunal's trust.
‘We often focus more on the quality of the expert report rather than the day when that report “comes to life” at the hearing. The webinar demonstrated that witness preparation enables experts to maintain professional dignity, communicate their position clearly, and prevent opposing counsel from rewriting their story in a single hour in the arbitration room,’ noted Igor Churkin.
