Expert Determination

This text offers guidance on the peaceful resolution of disputes by referral to an expert and can be consulted by every lawyer drafting commercial contracts, as well as those dealing with commercial disputes. Now in its second edition, this text responds to the issues raised by the public demand for cheaper and simpler forms of dispute resolution over which parties have some control. It also discusses in detail the advantage of using expert determination as a ready-made but informal system and includes new chapters on: clauses referring all disputes to an expert; jurisdiction issues and interim challenges; and adjudication and dispute review boards. Further issues of particular interest covered include: whether or not an expert can be subpoenaed in subsequent litigation about a determination; the meaning of "save in the case of manifest error" in expert clauses; and whether or not the court will enforce interim determination clauses. Additionally, this edition provides updates on the perennial issue of the difference between experts and arbitrators and the liability of experts for professional negligence.
 
This text offers guidance on the peaceful resolution of disputes by referral to an expert and can be consulted by every lawyer drafting commercial contracts, as well as those dealing with commercial disputes. Now in its second edition, this text responds to the issues raised by the public demand for cheaper and simpler forms of dispute resolution over which parties have some control. It also discusses in detail the advantage of using expert determination as a ready-made but informal system and includes new chapters on: clauses referring all disputes to an expert; jurisdiction issues and interim challenges; and adjudication and dispute review boards. Further issues of particular interest covered include: whether or not an expert can be subpoenaed in subsequent litigation about a determination; the meaning of "save in the case of manifest error" in expert clauses; and whether or not the court will enforce interim determination clauses. Additionally, this edition provides updates on the perennial issue of the difference between experts and arbitrators and the liability of experts for professional negligence.