Welcome to the sixteenth issue of Bird & Bird's International Dispute Resolution Newsletter

In this edition we focus on the use of expert witnesses in France, Germany, Italy, The Netherlands, Spain, Sweden and the UK.  We also take a look at a new enforcement agreement signed by Hong Kong and China.

Each country has taken a slightly different view to highlight the key points in the use of expert witnesses across Europe. In Germany, we analyse the use of experts in civil proceedings; In Italy, we provide an overview of the regulation of expert witnesses in Italy; In Holland, we examine the use of experts in Dutch proceedings;  In Spain, we look at the use of expert evidence in light of the new Spanish Civil Procedure Law; In Sweden, we focus on the role of experts and expert witnesses in Swedish court proceedings and in the UK, we examine the role of expert witnesses in the UK courts. 

In addition, we examine the impact of a mutual enforcement agreement signed by Hong Kong and China in July 2006.

The use of experts in French proceedings
Christian Curtil, Paris

The French courts make wide use of expert’s reports as a form of evidence. This is true across all areas of litigation including commercial and civil, defence of corporate crimes and administrative law.

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Use of experts in German Civil Proceedings
Dr Markus Körner & Dr Henriette Picot, Munich

Under the German Code of Civil Procedure (Zivilprozessbuch, "ZPO"), the role of an expert is to provide the court with a neutral assessment based on his knowledge as an expert against the background of certain specified facts.

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Overview of Italian regulation of expert witnesses
Rahul Kakkar & Paola Casot, Milan

In the Italian legal system technical expert advice is given by an expert during the part of the proceedings that deal with evidence. Its purpose is to provide technical support to the judge or to the parties.

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The use of experts in Dutch proceedings
Eggo Jan Rietema & Laura Grijpma, The Hague

According to the Netherlands Code of Civil Procedure a court can order an expert examination at the request of a party or on its own initiative by interlocutory judgment. It is completely at the court’s discretion whether or not an expert examination is ordered. This means that in circumstances where a judge considers that his own knowledge is sufficient, a request for an expert hearing can easily be denied. It is also established case law that a party cannot complain if its request to appoint an expert, or its offer to hear an expert, is denied by the judge.

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Expert evidence in Spanish Civil Procedure
Raquel Ballesteros Pomar & Ana Rodríguez Costas, Madrid

The new Spanish Regulation on Civil Procedure, (which came into force on 8 January 2001), made some important changes in relation to the use of expert evidence. Evidence is regulated as that of an expert in those cases where opinion is offered by a person with special scientific knowledge, or technical skill not common to the layman. This expert’s contribution helps the judge to understand complex technical subjects so that the court may appreciate and/or evaluate the relevant facts in the dispute.

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Experts and “expert witnesses” in Swedish court proceedings
Hanna Larsson, Stockholm

The Swedish Civil Proceedings Act contains few limitations as to the respective parties’ ability to make use of direct witness evidence. In fact, The courts may only dismiss witness evidence where it is clear that the witness’ statement has no bearing on the matters in dispute.

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The role and function of expert witnesses in the English courts
Luke Arbuthnot, London

Expert witnesses are an invaluable resource for enhancing the understanding, and assisting with the determination, of complex issues in court proceedings and other dispute resolution procedures. Part 35 of the Civil Procedure Rules (“CPR”) provides detailed rules on the role of expert witnesses in the English courts and these largely dictate how instructing solicitors may use their experts in this forum.

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Hong Kong and China agree to mutual enforcement of court judgments
Luke Ryan, Hong Kong

On 14 July 2006, China and Hong Kong signed an “Arrangement on Reciprocal Recognition and Enforcement of Judgments in Civil and Commercial Matters by the Courts of the Mainland and of the Hong Kong Special Administrative Region Pursuant to Choice of Court Agreements between Parties Concerned” (Arrangement).

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