Expert determination is the means by which the parties to a contract jointly instruct a third party to decide an issue. Its main attractions are that it is quick, cheap and private, and is increasingly being used by lawyers who are looking for swift dispute resolution.
Expert Determination is the only book available that deals with this subject. It is a 'must-read' for mediators, commercial lawyers and litigators who want to avoid the costs of formal litigation or arbitration. This third edition has been revised and updated, and its new coverage includes:
* Changed perceptions of where expert determination fits into ADR
* The continuing battles about challenges to references before decision
* The effects of the operation of the Arbitration Act 1996
* The continuing attempts to sue experts for professional negligence
* CEDR's new role in expert determination
* The use of expert determination in conjunction with mediation
* Interesting new applications e.g. the Five Nations rugby TV rights affair
Rezensionen / Stimmen
This book is... the first resource called upon by those looking to solve the problems thrown up by post-contractual dispute resolution.It is, quite simply, superb. He manages to combine a deep and thoughtful analysis with an easy-to-read everyday style.I believe that this book will be in great demand given the current interest in this topic. John Kendall is to be congratulated on compiling a second edition so expertly.A narrow subject, comprehensively, coherently and concisely analysed.This book is, or should be, the first resource called upon by those looking looking to solve the problems thrown up by post-contractual dispute resolution. New Law Journal, October 2001.
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ISBN-13
978-0-421-70300-1 (9780421703001)
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Schweitzer Klassifikation
Land. Shares in private companies. Sale and purchase of businesses and companies. Other commercial applications. From valuer to expert. Construction contracts and interim determination. Dispute resolution. The expert clause. Qualifications of an expert. Appointing an expert. Jurisdiction of the expert. Procedure for the reference. Enforcing the decision. Challenging the decision. Rights and duties of experts. Arbitration is different. A third category. Appendices - forms and precedents.