by Damian | Jan 24, 2022 | Arbitration, Expert Secrets
‘Cross examined like a criminal’ In an extremely tense and fraught matter I acted as Delay expert for the government in defence of a delay claim by a Contractor. I was cross examined on my opinion evidence in arbitration as a part of the process. The details of the...
by Damian | Dec 21, 2021 | Arbitration, Expert Secrets
International Arbitrations and Other Jurisdictions I am undoubtedly more comfortable in the UK and South African jurisdictions. However, a lot of my work takes me into other African and international jurisdictions. As an expert, a lot of time is spent alone or with...
by Damian | Dec 20, 2021 | Charity - Stone in My Shoe
In December we took a little time out to walk the Cleveland Way. This time the ‘we’ included myself, Chantelle, Thomas Hardy and Emily Bronte. Thomas has been our companion for the last 6 years and we always promised to bring him home to England, he is of course, our...
by Damian | Dec 16, 2021 | Arbitration, Spotlight, Webinar
Arbitration and Dispute Resolution in the ‘New Normal’ Join Damian James as he joins experts in construction and law for another spotlight event. The next event will feature James Banda of AMW & Co, Legal Practitioners as well as Kort Egan of Gatehouse Chambers,...
by Damian | Dec 1, 2021 | Adjudication, Dispute Resolution, Expert Secrets
The latest of Damian’s ‘Expert Secrets’ anecdotal pieces. Here, Damian takes a look at the importance of good valuation in resolving disputes. Damian received an appointment as expert for a well-known rail provider. In the dispute, he was asked to...
by Damian | Nov 10, 2021 | Expert Secrets
This is the second in the series of articles chronicling Damian’s experiences as an expert and consultant. This time, Damian takes a look at the temporarily binding nature of an adjudicator’s decision: “The determination of the Adjudicator is binding...
by Damian | Nov 1, 2021 | Arbitration
Anyone who’s been following the news in the world of arbitration and construction law lately cannot have missed the goings-on at the DIAC and DIFC in Dubai. In an unexpected move, on 14th September, Sheikh Mohammed bin Rashed Al-Maktoum issued a decree abolishing the...
by Damian | Oct 25, 2021 | Expert Secrets
In this new series from Damian James, Damian shares some of his experiences and war stories from as a consultant and expert witness over the past twenty years or more. The series starts with a look at adjudication and the confusing decision of an adjudicator:...
by Damian | Sep 22, 2021 | Charity - Stone in My Shoe
It was 25 years ago in the coming April that my dad phoned me at work, I was 26 he was 57. I was a senior quantity surveyor climbing the ladder of a national contractor. I was, of course, an extremely busy man. As I nipped out of my meeting, the secretary handed me a...
by Damian | Sep 3, 2021 | Arbitration, Dispute Resolution
This discussion is around the capping of the fees for tribunal members from the perspective of an arbitrator. We consider this specifically within the African landscape. I may however draw upon other jurisdictions in my considerations of the topic. Should you need...
