MALAYSIAN HIGH COURT IMPLIES ADDITIONAL DUTIES FOR EXPERTS

For the first time, the Malaysian High Court has found that party-appointed experts owe implied duties to the court.  It is well-established that expert witnesses owe a duty to assist courts and arbitrators, but this is typically understood as requiring experts to provide their evidence independently and impartially.  The Court’s decision in Linsun Engineering Sdn Bhd v Shin Eversendai Engineering Sdn Bhd expands this duty by further requiring experts to ensure their ability and availability to give evidence at trial.

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