The Role of an Expert Witness in Maritime Arbitration: Insights from Marcelo Rodrigues

At Brookes Bell, our team of expert witnesses cover an extensive range of maritime disciplines.  Dr Marcelo Rodrigues, a Senior Scientist based in our Liverpool office, is a trusted figure in complex arbitration cases. His experience enables him to interpret intricate scientific data, ensuring that the arbitration process benefits from a clear, objective perspective.

The role of an expert witness

An expert witness in arbitration provides technical expertise that can help clarify intricate points of evidence, translating specialised knowledge into comprehensible information for arbitrators, lawyers, and other non-specialists in the room. They analyse the case, interpret scientific data, and offer opinions grounded in both knowledge and objectivity.

Marcelo explains, “In arbitration, we’re often dealing with cases that have significant financial implications. Our job is to ensure the scientific facts are fully understood and correctly interpreted, offering impartial and accurate evidence that aids the panel’s decision-making process. You’re not there to advocate for either side – you’re there to provide truth, clarity, and reliable interpretation of the technical aspects.”

Our experts are drawn from multiple sectors, including marine engineering, navigation, metallurgy, naval architecture, and Marcelo’s own field of cargo science. Each expert brings specific insights from their discipline, which means we can support a wide range of arbitration cases, from cargo contamination and structural integrity to navigational disputes and engine performance issues.

The role of an expert witness involves several stages. Initially, the expert is briefed on the case and provided with the relevant documentation, data, and background. In Marcelo’s case, this might include inspection/survey reports, photographs, laboratory reports or records of temperature and humidity control for perishable cargo.  In some instances, the expert may have attended on site in person.  If so, their first-hand factual evidence can greatly enhance the value of their expert evidence.  “The first step is to understand the facts and establish a baseline. You need to know every detail of the case history and review all available evidence,” Marcelo notes. “It’s about having a complete picture before forming any conclusions.”

After the initial review, the expert witness conducts a thorough analysis. Marcelo explains, “I approach it with scientific rigour – examining microbial growth, potential biofouling, or physical degradation that may have occurred during transit. My job is to determine how these elements link back to the events of the case. By understanding the science behind the damage or degradation, I can provide the arbitration panel with a clear account of the incident.”

Once the analysis is complete, the expert witness prepares a written report. This report serves as the foundation for testimony and is submitted as evidence during the arbitration process. The report must be comprehensive yet accessible, so that non-specialists can grasp the key points. “The report needs to cover the scientific principles involved without overwhelming the reader with jargon,” Marcelo says. “It’s a balance between detail and clarity. You want to provide all necessary information while making it understandable to those without a technical background.”

One of the most challenging aspects of being an expert witness is providing testimony. The expert witness will often present their findings in front of an arbitration panel and may be cross-examined by legal counsel from both sides. For Marcelo, this is a test of both his scientific knowledge and his ability to communicate effectively. “Testifying requires a deep understanding of the evidence, but it’s also about maintaining composure and clarity under pressure. You’re not just sharing your findings; you’re responding to questions that challenge your conclusions. It’s important to stay objective and grounded in the evidence,” he explains.

During cross-examination, expert witnesses are often asked to defend their methodology and conclusions, a process that requires both expertise and confidence. Marcelo shares, “You must be ready for any line of questioning. They might ask you to justify your methods or delve deeper into specific aspects of the evidence. The key is to remain factual and unbiased – to answer honestly, backed by science and your professional experience.”

A multi-disciplinary and global team

One of the leading advantages of our team of expert witnesses is the support it gets from a wide-ranging and global team of specialists who provide expertise across virtually every area of the maritime industry. With expert witnesses covering disciplines such as navigation, engineering, cargo, and environmental science, Brookes Bell offers clients comprehensive support during arbitration and litigation. Marcelo’s work in cargo science, for example, aligns with the broader consultancy services we provides, ensuring clients benefit from cross-disciplinary insights.

“Brookes Bell’s strength lies in our unique variety of expertise,” Marcelo says. “It’s rare to find a consultancy that can offer expert witnesses in every category of maritime. Having this variety means we can handle cases involving multiple technical areas, providing arbitration panels with a well-rounded perspective.”

Crucially, Marcelo notes the importance of impartiality and rigour, values that we uphold across all disciplines. “We’re not here to advocate for a client, but to provide objective scientific evidence,” he explains. “At Brookes Bell, we take our role as experts seriously, ensuring that the information we present is thorough, unbiased, and based on established scientific principles. This approach ultimately serves both the industry and the arbitration process by promoting fair and just resolutions.”

For Marcelo, the role of expert witness is both a challenge and a privilege. “Being an expert witness allows me to apply my scientific skills in a meaningful way. You’re not just working on theories or case studies – you’re contributing to real-world cases where your input can influence significant decisions,” he reflects.

His role as an expert witness is a natural extension of his scientific work at Brookes Bell, where he applies rigorous analysis to cargo-related cases. From contamination and spoilage to environmental challenges like biofouling, Marcelo’s contributions are grounded in scientific accuracy and a commitment to impartiality, supporting our reputation as a trusted provider of expert evidence in maritime arbitration.