Instruction requirements depend on the forum and the countries at issue, not on where your firm is based. Whether the dispute is seated in London, Geneva, Washington, or Singapore, provide the expert with the treaty or contract, the regulatory documents, and a clear statement of the political risk question. We match experts by the jurisdiction and risk type your matter requires.
Investment Treaty Arbitration
- Identify the BIT or ECT provisions at issue
- Identify the specific political risk: expropriation, FET, FPS, or umbrella clause
- Ensure the expert has regional expertise and arbitration testimony experience
- Provide the expert with host state regulatory documents, permits, and correspondence
- Coordinate with quantum experts on valuation assumptions
Political Risk Insurance
- Provide the full policy wording including exclusions and waiting periods
- Identify the insured peril in dispute
- Establish whether the event is political risk or commercial risk
- Ensure the expert understands PRTC policy structure and Lloyd's market practice
Sanctions Disputes
- Identify the applicable sanctions regime (UK OFSI, US OFAC, EU)
- Provide the contract, applicable law clause, and force majeure provisions
- Specify the relevant dates for sanctions designations and restrictions
- Ensure the expert has sanctions regulatory expertise, not just general country knowledge
Procedural Requirements
Provide a formal letter of instruction setting out the issues for the expert's opinion, the documents provided, and the assumptions the expert should make. For international arbitration, follow IBA Rules format for expert reports. For UK court proceedings, comply with CPR Part 35 and the Practice Direction on expert evidence.
Instruct the expert as early as possible in the proceedings. Political risk analysis often shapes case theory and identifies evidence that counsel should obtain through disclosure or document production.