Our members must adhere to the Baltic Code. This binds members to maintain the highest levels of professionalism, efficiency and fairness.
On instruction, expert witnesses are initially expected to be able to complete written reports. Additionally, experts may sometimes be instructed to be available for further stages in the dispute resolution process – to attend meetings, and/or formal legal hearings, during which the witness may be called for cross-examination.
It is important to understand that the duty of an expert witness is solely to the Tribunal or the Court and not to the party which instructs and employs the expert. All experts are responsible for settling their fees directly with the instructing party.
Rules, practice and directions to expert witnesses in the U.K. are given under part 35 of the Civil Procedure Rules (CPR 35).
Mr Justice Cresswell summarised the duty of an expert as follows [ mv โIkarian Reeferโ [1993] 2 Lloyds Rep. 68 (Comm. Ct. Q.B. Div.) ]
โThe Expert Witness should provide independent assistance to the court by way of objective unbiased opinion in relation to matters within their expertiseโ
Potential members of the Association are approved and elected by the BEWA Council, which comprises four BEWA members, as well as one senior member of the Baltic Exchange. Candidates for membership are proposed by an existing full BEWA member, who must be satisfied that a candidate is comprehensively suitable to join.
Here you can browse and search our full list of expert witnesses: