Select Page

PHILIP HABERMAN
MA, FCA, MCIArb

independent adviser, Arbitrator,
Expert determiner

Over 30 years as an expert witness in
international arbitration and english litigation

Arbitrator

Get the perspective of a non-lawyer with wide experience of commercial and investor-state disputes.

Independent Adviser

Many years of experience as a leading expert witness gives me a sound basis to assess, and advise on, realistic damages.

Expert Determiner

A background in international accounting firms coupled with expertise in corporate transactions.

About ME

I am an English chartered accountant, with over 30 years’ experience as an expert witness in international arbitration (under various rules such as LCIA, ICC, ICSID, UNCITRAL, and PCA; and ad hoc) and English litigation, having been cross-examined 69 times. I have seven times been named by Who’s Who Legal as Expert Witness of the Year. I have delivered expert determinations on many occasions, both reasoned and non-speaking. I have advised clients in mediations and have mediated disputes resulting in settlements.

In 2013, after 22 years as a partner in big-4 accounting firms, I founded and led a successful independent accounting firm focused only on expert witness services. In 2021, I ceased taking appointments as an expert, concentrating thereafter on advising and mentoring younger experts.

I am on the Board of the London Court of International Arbitration, and previously served as a Trustee of the British Institute of International and Comparative Law.

I am wholly independent and am not affiliated to any firm.

ARBITRATOR

As an arbitrator, I offer an unusual combination of experience in international disputes, an accounting rather than legal background, and a logical approach, that together bring a different perspective to dispute resolution.

I am flexible as to procedure, seeking efficient and effective ways of resolving disputes whilst being responsive to parties’ needs, and am willing to be proactive on issues where appropriate.

Advice and consultation

I provide objective and independent advice on accounting and financial matters, including valuation and damages, at all stages of a dispute.

Preliminary views

In the early stages of a dispute, parties, funders, and legal representatives often need advice on accounting and financial issues (especially damages) to help them prepare and present their case. Having taken the decision not to accept instruction as an expert witness, I am able to give objective and independent advice, helping to focus on the key issues and avoid undue optimism.

Advice during proceedings

I use my extensive experience to provide an independent sounding board to expert witnesses and instructing parties and lawyers, helping experts and lawyers navigate difficult accounting and financial issues, identify the strengths and weaknesses of their position, and anticipate (and be prepared to counter) their opponents’ arguments.

Help for tribunals

As a matter progresses, and especially as a final hearing approaches, tribunals often find themselves faced with radically different views on financial matters from apparently similarly qualified expert witnesses. I help tribunals in several ways:

 

  • I identify the issues and assumptions giving rise to the differences of opinion, and advise the tribunal on the decisions they need to take and the impact of those decisions on the outcome of the matter.
  • I work, as a neutral, with the parties’ experts to help them explain the reasons for their differences of opinion and how they suggest the tribunal should make its decision.
  • I help the tribunal with the “hot-tubbing” of experts during the hearing.

Expert determination

With nearly 40 years’ experience of corporate transactions, and my independence, I am perfectly placed to be the decision-making expert under contracts that call for the expert determination of accounting issues, both balance sheet matters such as closing accounts and profit-related matters such as earn-outs.

I am willing to follow contractually agreed procedures or to provide a suitable procedure that ensures transparency for the parties.

I am comfortable providing reasoned and non-speaking determinations, as the parties prefer.

Training

I provide tailored seminars to aspiring expert witnesses and their assistants, delivered from the perspective of an accountant expert and based on what I have seen and learned over a long career. Topics range from a non-lawyer’s introduction to international arbitration (suitable for those embarking on a career in expert evidence) to tips on how to survive cross-examination (suitable for those giving oral evidence).

MY APPROACH

Asking me to get involved in a case is highly confidential and I will first confirm my independence before listening to what you are seeking and discussing how I can help. I will only take on matters to which I am confident I can devote the necessary time and effort. Whether or not you decide to engage me, you can be sure that I will not disclose your approach to any other party without your express permission.

Once we agree on my engagement, I commit to maintaining my independence in relation to the matter concerned.

I offer you independence of thought, and the benefit of my years of experience, with no angle; I will not act as a party-appointed expert. I have always seen myself as a problem-solver, so my aim is to provide real benefit from my involvement in a case, not to maximise my fees. If further detailed work or research is required, I will ask you to arrange it, so that my time is limited to consideration and review.

MAKE AN ENQUIRY NOW

It’s best to start off by completing the form below to send me an email.  As matters progress, I am happy to communicate by email, phone, videocall (Teams, FaceTime, Zoom, etc), or in person.

"*" indicates required fields

Please give some brief information about the nature of your enquiry and a good time to get back to you if you would like a call.

PHILIP HABERMAN

Contact me at

©2024 Website Developed and Maintained by Speak Digital