International HSE
Expert Witness
Independent health and safety expert evidence for construction and energy disputes in international arbitration and other proceedings. Karim Ali assesses how contractors managed safety on a project, what went wrong, and how their performance compares with what a competent contractor would have done.
Safety Evidence for Commercial Disputes
Health and safety is often at the centre of large construction disputes, even when the claim itself is commercial. A serious incident stops work for weeks. A client terminates a contract for repeated safety breaches. A contractor claims the cost of a safety stand-down it says was not its fault. In each case the tribunal needs an independent view of what safety management the project required and whether it was delivered.
Karim Ali provides that view. He reviews the project record, assesses the safety management of the parties involved and gives an independent opinion in a written report and, where required, in oral evidence. He brings more than 20 years of safety experience in energy, construction, manufacturing and infrastructure, and has prepared more than 150 independent expert reports under court codes of conduct.
His opinions are confined to safety management and practice. Contract interpretation, governing law and quantum are left to counsel, the tribunal and other experts.
Karim's overriding duty is to the tribunal, not to the party that instructs him. His reports set out the facts relied on, the method used and the reasons for each opinion, including points that do not help the instructing party.
Questions Tribunals Are Asked to Decide
- Whether a contractor established an adequate safety management system for the work
- Whether that system was implemented on site or existed only on paper
- Whether audit findings, warnings and earlier incidents were acted on
- What caused a serious incident, and whether it was foreseeable and preventable
- Whether a stand-down, suspension or termination was justified on safety grounds
- How each party's conduct compares with recognised industry practice
What Karim Can Do on a Matter
An engagement can cover a single task or the full life of the dispute, from early advice to the hearing.
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Early Advice
A preliminary review of the key documents to identify the safety issues, the evidence that matters and the questions an expert would need to answer.
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Document Review
Review of contracts, HSE plans, procedures, permits, audits, inspection records, incident reports, correspondence and witness statements.
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Expert Report
An independent written report that meets the applicable rules, such as the IBA Rules on the Taking of Evidence, and the tribunal's procedural orders.
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Reply Reports
Responses to the opposing expert's report, testing its assumptions, method and use of the evidence.
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Joint Statements
Meetings with the opposing expert to record the issues agreed, the issues still in dispute and the reasons for disagreement.
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Oral Evidence
Testimony at the hearing, including cross-examination and witness conferencing, in person or by video link.
Specialist Areas
Each area has its own page with more detail on the issues Karim assesses and the evidence he works with.
Whether a contractor's safety management system was adequate, implemented in practice and met the standard of a competent contractor. Read more
Independent analysis of incident chronology, failed controls, prior warnings, foreseeability and the reliability of existing investigation reports. Read more
Construction to commissioning, energisation, hazardous energy isolation, simultaneous operations and multi-contractor coordination. Read more
How an engagement runs, from the conflict check to expert reports, joint statements and testimony at the hearing. Read more
A critical review of the other side's safety expert report, testing its assumptions, standards and reasoning against the evidence. Read more
Joint expert meetings, joint statements and concurrent evidence, prepared and conducted in line with the expert's duty to the tribunal. Read more
Recognised Internationally
Karim holds senior professional credentials from Australia, the United Kingdom and the United States, so his standing does not rest on a single jurisdiction. See his full professional credentials.
- Chartered Fellow, Institution of Occupational Safety and Health (CFIOSH), UK
- Certified Safety Professional (CSP), Board of Certified Safety Professionals, USA
- Chartered OHS Professional and Fellow, Australian Institute of Health and Safety
- MSc in HSE Management, University of Hull, UK
- NEBOSH International Diploma in Occupational Safety and Health
- BSc in Mechanical Power Engineering
Where the Evidence Is Used
Reports are prepared to the standard expected in international proceedings, whatever the forum.
Karim also works on ad hoc arbitrations under the UNCITRAL Arbitration Rules, expert determinations and court proceedings. He is based in Sydney, two to three hours ahead of Singapore and Hong Kong, and travels for site visits and hearings where needed.
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Can an Australian-based expert give evidence in an international arbitration?
Yes. Tribunals choose experts for their expertise and independence, not their location. Karim's credentials are recognised in Australia, the UK and the US, and the IBA Rules allow the tribunal to hold evidentiary hearings remotely.
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Do you give opinions on the law or the contract?
No. Karim gives opinions on safety management and industry practice. Where the contract sets HSE requirements he assesses performance against them as instructed, but interpreting the contract and the governing law is for counsel and the tribunal.
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Which standards do you assess performance against?
It depends on the project. The contract HSE requirements and the contractor's own plans and procedures usually come first, then the safety laws of the place where the work was done, manufacturer instructions, standards such as ISO 45001 and recognised industry guidance.
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Do you act for claimants or respondents?
Both, subject to a conflict check before engagement. Karim's opinions are the same whichever party instructs him.
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How do we start?
Email Karim with a short description of the dispute, the parties and counsel for the conflict check, the issues to be addressed and the timetable. He will confirm availability and provide a fee estimate and engagement terms.
Discuss an International HSE Dispute
Email Karim at Karim@safetydeeds.com with an outline of the matter and the timetable. Conflict checks are completed before any documents are reviewed.