Tim Hart

Tim Hart is a forensic accountant in his fortieth year of professional practice. He has served as an expert witness for more than 30 years in disputes around the globe.  

Tim’s expert testimony is particularly concentrated in investor-state cases (ICSID, PCA, UNCITRAL) with allegations such as expropriation and fair and equitable treatment and international arbitrations and domestic disputes involving breach of contract. His testimony often covers topics important to determine jurisdiction, liability, causation in addition to damages. Many of his domestic cases have involved claims like breach of fiduciary duty which involved complex financial frauds including Ponzi schemes.

Tim began his career as an auditor and was partner in a global accounting firm. He has led numerous well known insolvency engagements and financial fraud investigations.

Tim specialises in matters of damages, valuation, accounting, fraud, and bribery and corruption. His expert work has been concentrated in high-stakes disputes spanning across a range of industries with high concentrations in mining, energy, telecommunications, manufacturing and financial services. 

Tim is a Certified Public Accountant (Washington, DC) and Certified Fraud Examiner. He co-authored the most comprehensive study of damages in investor-state cases, with two editions published in 2014 and 2021. He is also consistently highly ranked by Who’s Who Legal with plaudits including: “Tim Hart is a formidable testifying expert who has calm composure on the stand. I’ve observed Tim withstand hours of cross-examination and remain totally unflappable”. “I am most impressed by Tim’s excellent preparation, tremendous work ethic and huge amount of experience in the field”.

Notable recent cases:

• Janet Fyock et al. v. Fifth Third Bank; Breach of Contract; U.S. District Court for the Southern District of Ohio Western Division; Case No. 1:12-CV-00851; Testified in a jury trial in April 2023 and in a virtual deposition in July 2022. Filed expert reports in June and May 2022 and an expert declaration regarding damages and class certification issues in July 2020 in a dispute involving cash advance loans and related disclosures. Jury found breach of contract and zero damages. (Engaged by defendants)
• Oando Oil Limited v. Nigerian Agip Oil Company Limited; Breach of Contract; Nigerian ad hoc arbitration; Testified in London in January 2023 and in a virtual hearing on interim measures in February 2022. Filed expert reports on damages in December 2022, November 2022, and January 2022 and in interim measures proceeding regarding the financial and audit issues in January 2022 and October 2021 involving an oil and gas exploration and production joint venture in Nigeria. (Engaged by respondent)
• Robert W. Baker, Jr., et al. v. Two Farms, Inc., et al.; Involuntary Dissolution; Circuit Court for Baltimore County, Case No.: C-03-CV-19-004102. Testified in bench trial in November 2021 and in a deposition in July 2021. Filed expert reports on the fair value of the company and the minority shareholders’ interest in the company in June and March 2021. Shareholder dispute involving the oppression of the minority shareholders of a company owning a regional chain of convenience stores with gas stations. Case settled during trial. (Engaged by plaintiffs)
• Emergofin B.V. and Velbay Holdings Ltd. v. Ukraine; Expropriation; ICSID Case No. ARB/16/35. Testified in a virtual hearing in November 2020. Filed expert reports on damages in September 2019 and March 2018. Dispute involving aluminum production. (Engaged by claimants)
• ITOCHU Corporation v. Kingdom of Spain; Fair and Equitable Treatment; ICSID Case No. ARB/18/25. Testified in a virtual hearing in January 2021. Filed expert reports on damages in September 2020 and November 2019. Dispute involving solar generation. (Engaged by respondent)
• Infinito Gold Ltd. v. Republic of Costa Rica; Expropriation; ICSID Case No. ARB/14/5. Testified in Washington, DC, in July 2019. Filed expert reports on damages in May 2019 and July 2018. Dispute involving exploration/development stage gold mining project. (Engaged by respondent)