Expert Determination is a consensual form of ADR whereby parties to a contract may instruct a third party to decide an issue or issues between the parties. The process is private and suits parties who do not wish to air their dispute in the public arena. The Expert Determiner will use his professional skill and knowledge to provide opinion on the matter in dispute. As an Australian judge put it:
“…on a practical level, Expert Determination has apparently been attractive, largely because it is less expensive and speedier, avoids the rigours of the application of the rules of evidence and procedure and offers a finality whch avoids delays, potential re-hearings and appeals, which is particularly suitable especially where an expert knowledge of the subject is required or where the parties may have a continuing relationship”
Our experts witnesses are also trained to act as Expert Determiner on a range of commercial disputes and in particular, in the following fields:-
- EU Procurement
- Building Contracts
- Partnering Contracts
- Landlord and Tenant
- Defects Analysis
As Expert Determiner, our duty is to:-
- Make independent investigations
- Act fairly
- Apply the law
- Reach a final and binding decision
- Act with confidentiality at all times
The leading text on Expert Determination is “Expert Determination 4th Edition, Kendall, Freedman & Farrell, 2008, Sweet & Maxwell”.