Second Opinions in Arbitral Proceedings

Ongoing Second Opinions and Expert Opinions

In suitable international proceedings, Dr. Ulrich Trost accompanies the proceedings in the background at the request of a party. He does not appear externally; his unbiased and unvarnished 2nd Opinions or second expert opinions cover the prospects of the case and the quality of both sides' submissions, in legal, technical and commercial terms. The second opinions are received exclusively by the client and, where applicable, its legal department, confidentially and throughout the proceedings. They assess the case in a neutral, objective and impartial manner, uninfluenced by the expectations of all those involved, and are helpful to the client precisely for that reason.

His assessments in preparing a second expert opinion or a second opinion draw on his experience from more than 150 proceedings in total. They are made solely from the independent perspective of an experienced arbitrator and former Chief Legal Officer of two plant engineering groups, without regard to the many interconnections between law firms or client relationships.

The following questions typically arise:

• How is a tribunal likely to view the procedural situation?

• How will submissions, expert reports and witness statements be received by a tribunal?

• Where could submissions, expert reports and witness statements be improved?

• Which technical and commercial issues are decisive for the outcome?

• Where appropriate:   What is the likely outcome of the proceedings?

• How should settlement offers be assessed in this light?

Representation of the party and legal advice always remain with counsel in the case of 2nd Opinions. The second opinion complements their work for the client without itself constituting legal advice and without becoming visible to the tribunal or the opposing party.

Dr. Ulrich Trost offers expert opinions on questions of commercial law and of the law of international plant engineering and construction.