556 THE ADVOCATE
VOL. 80 PART 4 JULY 2022
Veeder called this “procedural and evidential flexibility” and stated in 2010
that “the way in which expert evidence is presented and tested in competition
disputes may very well need to be modified; it is certainly not selfevident
that anything resembling full-scale ‘cross-examination’ of the
experts by counsel is likely to be productive.”9
ENDNOTES
1. 473 US 614 at 634 (1985).
2. “Hot tubbing” of experts is a colloquial expression
for the procedure of experts conferring together and
often developing a report of agreement and disagreement.
The process can also blend into witness
conferencing with concurrent examination.
3. A “teaching session” is a less common procedure
where the parties agree that before the actual presentation
of evidence in a case of complex technology,
experts on both sides will confer with the
tribunal and counsel to explain the technology at
issue in the case. The procedure is usually off the
record and is to educate the tribunal in advance of
the taking of evidence.
4. Online: <www.ciarb.org/media/4595/guideline-
13-witness-conferencing-april-2019pdf.pdf>.
5. Online: <uk.practicallaw.thomsonreuters.com/4-50
2-4254?transitionType=Default&contextData=(sc.
Default)&firstPage=true>.
6. See the “Schedule” contemplated by the CIArb
Guidelines to serve as an agenda for the witness
conference, at 46–47.
7. R Levin, “On Arbitration of Competition/Antitrust
Disputes” (2018) 73 Dispute Resolution Journal 39
at 56.
8. Online: <www.justice.gov/opa/pr/justice-depart
ment-concludes-historic-arbitration-merger-dispute>.
9. VV Veeder & P Stanley, “Arbitrating Competition
Law Issues: The Arbitrator’s Perspective” in Gordon
Blanke & Phillip Landolt, eds, EU and US Antitrust
Arbitration: A Handbook for Practitioners (Kluwer,
2011) 91 at 106.
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