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Loss of Profits Expert

Jurisdictions

Global Jurisdiction Coverage

Loss of profits expert evidence adapted to the procedural rules of the forum — from CPR Part 35 to Daubert to the IBA Rules on Taking of Evidence.

Coverage

Where We Are Instructed

UK

England & Wales

Forums
High Court (King's Bench, Chancery), Commercial Court, TCC
Standard
CPR Part 35 / Practice Direction 35 compliant reports
UK-ARB

UK Arbitration

Institutions
LCIA, CIArb, RICS arbitration
Evidence
IBA Rules on Taking of Evidence
INTL-ICC

ICC International Court of Arbitration

Rules
ICC Rules of Arbitration
Evidence
IBA Rules on Evidence
Expert practice
Party-appointed and tribunal-appointed experts; written reports disclose methodology, assumptions, and documents relied upon; oral examination at hearing common

Instruct a loss of profits expert for ICC proceedings →

INTL-LCIA

LCIA

Focus
London-seated and international commercial arbitration
Evidence
LCIA Rules · IBA Rules on Evidence
Expert practice
Joint reports and concurrent evidence (hot-tubbing) may be directed; quantum experts prepare for tribunal-led examination
INTL-SIAC

SIAC (Singapore)

Focus
Asia-Pacific commercial and investment disputes
Evidence
SIAC Rules · IBA Rules on Evidence
INTL-ICSID

ICSID (Investment Treaty)

Focus
Investor-state dispute settlement — profit loss quantum
Approach
DCF and discounted future earnings models common
US

United States

Forums
Federal courts · State commercial courts
Standard
FRE Rule 702 / Daubert standard
EU

European Union

Focus
Major civil law jurisdictions · Cross-border commercial disputes
Approach
Jurisdiction-specific expert evidence rules applied
Evidence Standards

Methodology Standards by Jurisdiction

How loss of profits expert evidence standards differ by forum — critical for report structure and disclosure.

CPR Part 35 (UK)
Expert duty to the court overrides duty to the instructing party. Reports must state the substance of all material instructions and disclose methodology.
Daubert / Rule 702 (US)
Expert testimony must be based on sufficient facts, reliable principles, and reliable application. Methodology gatekeeping is rigorous.
IBA Rules (Arbitration)
Party-appointed and tribunal-appointed experts. Reports address methodology, assumptions, and documents relied upon. Oral examination at hearing.
Arbitration vs litigation
In arbitration, joint experts, concurrent evidence, and institutional timetables often shape report structure. In High Court/US litigation, Part 35 duty or Daubert admissibility frames disclosure and cross-examination.
FAQ

Arbitration & Court Standards

Q.01

Can you provide a loss of profits expert for ICC arbitration?
Yes. Loss of Profits Expert provides independent expert witnesses for ICC international arbitration proceedings. Expert reports are prepared in accordance with ICC Rules of Arbitration and the IBA Rules on the Taking of Evidence in International Arbitration. Our experts are experienced in producing reports for international arbitration that meet the evidentiary standards and procedural requirements of the ICC and other international arbitration institutions.

Q.02

How do CPR Part 35 and Daubert differ for loss of profits experts?
Under CPR Part 35 (England & Wales), the expert's overriding duty is to the court; reports must disclose instructions, methodology, and the substance of material assumptions. Under FRE Rule 702 / Daubert (United States), the court acts as gatekeeper — expert testimony must rest on sufficient facts, reliable principles, and reliable application. Both require transparent, defensible methodology; the disclosure and admissibility frameworks differ.

Q.03

What do the IBA Rules require of a loss of profits expert?
Under the IBA Rules on the Taking of Evidence in International Arbitration, party-appointed and tribunal-appointed experts typically produce reports that set out instructions, documents relied upon, methodology, assumptions, and conclusions. Experts may be examined at hearing. Loss of profits reports in ICC, LCIA, SIAC and similar forums are commonly prepared with IBA Rules in mind alongside the applicable institutional rules.
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