Independent Testifying Expert Witness
Practical Industry Experience. Independent Expert Opinion.
Harberry&Co. provides independent telecommunications and technology testifying expert witness services through Andrew White, an experienced testifying expert, telecommunications executive, engineer and strategist.
Andrew has been appointed as an independent expert witness in litigation, arbitration, regulatory proceedings and contentious commercial matters involving telecommunications operators, nation states, technology businesses, investors and public sector entities. He has experience before international tribunals, including the International Chamber of Commerce (ICC) and the International Centre for Settlement of Investment Disputes (ICSID), as well as national courts and regulatory bodies.
Harberry&Co. regularly supports clients of Tier-1 and internationally recognised law firms, including members of the global legal elite, providing clear, objective and evidence-based opinion in technically and commercially complex disputes. Andrew has worked with firms such as Baker McKenzie, BCLP, Clifford Chance, Debevoise & Plimpton, Dentons, Hogan Lovells, Jones Day and Squire Patton Boggs.
Why Clients Instruct Harberry&Co.
Many expert witnesses possess either technical expertise or commercial experience. Few possess both with deep industry knowledge and experience.
Andrew combines more than 35 years of experience across telecommunications, technology, electronics engineering, software and digital services with senior executive leadership experience at global telecommunications operators. He has held board-level and C-suite positions, led strategic transformation programmes, managed regulatory engagement, negotiated complex commercial arrangements and participated directly in major disputes.
This practical experience allows him to understand not only how telecommunications systems work, but also how operators, investors, regulators and counterparties make decisions in real-world commercial environments.
As an expert witness, his role is not to advocate for either party. His duty is to provide independent, objective and unbiased opinion to the court or tribunal.
Areas of Expertise
Harberry&Co. provides expert opinion across a broad range of telecommunications and technology matters, including:
Mobile Networks & Wireless Communications
- 2G, 3G, 4G, LTE and 5G networks
- Network deployment and performance
- Radio engineering and spectrum utilisation
- Mobile infrastructure and towers
- National roaming arrangements
- Network sharing agreements
MVNO & Wholesale Disputes
- MVNO, MVNA and MVNE arrangements
- Wholesale pricing disputes
- Migration disputes
- Margin squeeze allegations
- National and international interconnection
- Commercial contract interpretation
Telecoms Regulation
- Licensing and spectrum policy
- Significant Market Power (SMP)
- Competition and market abuse
- Regulatory intervention
- Market remedies
- Regulatory benchmarking
Infrastructure & Technology
- Fibre and broadband networks
- Tower and mast infrastructure
- Subsea cables and international connectivity
- Data centres
- Satellite systems
- Wireless technologies
- Internet and digital services
Commercial & Investment Matters
- Investment treaty disputes
- Business plan reconstruction
- Telecommunications valuations
- Market benchmarking
- Infrastructure investment and project development
- Commercial contract disputes
- Quantum and damages support
These matters frequently involve a combination of technical, regulatory and commercial issues. Harberry&Co.’s expertise sits at the intersection of all three disciplines.
Expert Witness Services
Harberry&Co. supports legal teams throughout the life of a dispute. Services include:
Independent Case Assessment
Objective evaluation of the technical, commercial and regulatory merits of a case before proceedings are commenced or during active litigation.
Expert Reports
Preparation of CPR-compliant and arbitration-compliant expert reports suitable for submission to courts and tribunals.
Rebuttal Reports
Critical review of opposing expert evidence and preparation of responsive analysis and opinion.
Joint Expert Meetings
Participation in expert discussions, preparation of joint statements and identification of areas of agreement and disagreement.
Oral Testimony
Provision of expert testimony before courts and arbitral tribunals, including cross-examination and concurrent expert evidence (“hot-tubbing”).
Selected Experience
Representative matters have included:
- Expert witness in international investment treaty arbitration involving mobile telecommunications assets.
- Expert witness in ICC commercial arbitrations involving MVNO agreements and wholesale telecommunications services.
- Opinion on alleged market abuse, pricing conduct and regulatory matters.
- Analysis of telecommunications infrastructure including cell towers, rooftop sites, fibre infrastructure, subsea cable systems and network assets.
- Expert evidence relating to industry practices, commercial norms and telecommunications operations.
- Regulatory and wholesale disputes involving national roaming, interconnection and mobile services.
Contact Us For A Consultation
Contact Harberry to discuss your matter and determine suitability for instruction.
Credibility Built on Real-World Experience
Prior to focusing on expert witness work, Andrew spent many years working directly with telecommunications operators and infrastructure businesses in executive, advisory and founder roles.
Notably, he served as Chief Strategy & Business Development Officer of a major listed Middle Eastern telecommunications operator, where he helped lead the turnaround from substantial annual losses to first reported profit since inception. His responsibilities included business planning, regulatory strategy, financial restructuring, commercial negotiations and engagement with regulators, lenders and investors.
Further practical experience includes co-founding and leading the development of an international submarine cable investment initiative, including operator engagement, infrastructure partnerships, commercial strategy, demand forecasting, financial modelling and investor fundraising.
Earlier in his career, Andrew worked in electronics engineering and manufacturing with Motorola and Racal Electronics and in Silicon Valley with Inktomi. He trained as an electronics design engineer and retains a strong technical foundation in radio communications and telecommunications systems.
He holds a Master of Engineering, an MBA from London Business School, is a Chartered Engineer and a Fellow of the Institution of Engineering and Technology (IET).
Early Engagement Matters
In complex telecommunications disputes, early expert involvement frequently helps legal teams identify the key technical, commercial and regulatory issues before positions become entrenched.
Harberry&Co. is often instructed at the earliest stages of a dispute, assisting counsel in understanding industry practices, assessing the strengths and weaknesses of competing arguments, and developing robust expert evidence strategies. This approach can improve efficiency, reduce unnecessary workstreams and strengthen the overall presentation of a case.
Discuss Your Matter
If you are considering appointing an independent telecommunications expert witness, Harberry&Co. would be pleased to discuss the matter on a confidential, no-obligation basis and determine whether the expertise is appropriate for your case.
Independent Expertise. Clear, Objective Opinion.
