Appeals Court Axes Novel Loyalty Duty For Experts

Law360, London (January 11, 2021, 7:37 PM GMT) -- An English appeals court on Monday upheld a ban preventing a construction expert from testifying in arbitration against a client over a multibillion-dollar petrochemical plant, but tossed a groundbreaking ruling that the professional had a legal responsibility to the client.

The Court of Appeal unanimously dismissed an appeal filed by three companies within the Secretariat group, a global construction consulting firm, to lift an injunction barring the litigation adviser from working against its own client as part of two separate arbitration proceedings before the International Chamber of Commerce.

A three-judge panel held the group would violate its contract to assist the...

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