Expert consultancy in litigation

My role

In civil disputes concerning works of art, the judge may appoint a technical consultant (consulente tecnico d'ufficio, CTU). I am registered on the roll of court-appointed experts of the Court of Milan and have carried out court appointments for several courts. I also assist private clients and law firms as a party-appointed technical consultant (CTP), following them through every stage of the expert proceedings.

I am registered as an expert with the Milan Chamber of Commerce (Ruolo dei Periti e degli Esperti) and I am an Accredited Member of the Appraisers Association of America. My appraisals are prepared in accordance with the international USPAP or IVS standards.

Party-appointed consultant (CTP)

A lawyer may call on a party-appointed technical consultant even before proceedings begin, to assess the strength of the client's position and to define the most appropriate strategy.

As a CTP I examine the work and the documentation, take part in the expert operations of the court-appointed consultant and submit written observations on the draft report.

Having carried out court appointments myself, I know the stages and timing of an expert consultancy and the questions and documentation that may be required. This allows me to engage constructively with the court-appointed consultant, even when positions differ.

Court-appointed consultant (CTU)

When the appointment comes from the judge, I answer the questions put to me with a reasoned report, respecting the right of the parties' consultants to be heard: I send the draft to the parties, examine their observations and address them in the final report.

The judge may also ask the court-appointed consultant to attempt a settlement between the parties: I have done this, and it can allow a dispute to be closed before judgment.

Arbitration, mediation and contractual appraisal

Not every dispute ends up before a judge. In arbitration proceedings the arbitrator or arbitral tribunal may appoint a technical expert with functions similar to those of a CTU, and each party may be assisted by its own expert: I am available for both roles.

The parties may also jointly entrust an appraiser with determining the price of a work in a sale (arbitraggio), or with a purely technical assessment, such as the quantification of damage (perizia contrattuale).

In mediation I can act as an appraiser, on a clearly defined question, or as an expert at the table, helping the parties to understand the technical aspects of the matter.

Typical matters

I work in particular on:

• the valuation of individual works or entire collections in divisions of estates, separations and the dissolution of companies;
• the quantification of damage suffered by works during transport, a loan or storage;
• disputes arising from sales, whether concerning the price, the condition of the work, the documentation or the provenance.

When the dispute concerns the attribution or authenticity of a work, I do not take the place of the artist's specialists: I gather and verify the opinions of scholars, the archive or the foundation and account for them transparently, with full documentation, in my report.

The method

Every valuation refers to a specific date and a stated purpose, is supported by market comparables and documentary evidence, and clearly states the assumptions and limits of the enquiry. This is what makes the report defensible before the judge and the other parties' consultants.

For international arbitrations and for foreign clients or lawyers, I can also prepare reports and their annexes in English.