August 15, 2017 Articles

Expert Hot Tubbing: An Opportunity for U.S. Disputes or Australian Folly?

By Patrick J. McGrath

Once you stop snickering about the slightly disturbing visual evoked by the idea of “expert hot tubbing,” you may wonder if the concept has any relevance to disputes in the United States. The colloquial term “expert hot tubbing” denotes the concurrent presentation of expert evidence. When applying this format, a judge, arbitration panel, or tribunal generally convenes the opposing experts under oath and simultaneously solicits evidence to probe areas of agreement and disagreement. The technique originated in Australia more than 20 years ago. It has been used in numerous international arbitration proceedings and increasingly in courts in the United Kingdom, but it has seen only limited use in the United States.

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