Now in its 5th edition, Expert Determination looks at the process of submitting differences or disputes to a third party for a binding decision, where the third party decision-maker has not been appointed by the parties as an arbitrator.
Expert Determination remains the only text exclusively written on the subject and has been referred to and endorsed in court judgments. The book discusses the procedure followed in an expert determination, and the status and enforceability of the decision which is reached. The book also covers international use, explaining the pitfalls with regard to cross-jurisdictional issues and enforcement
Whether you are a party to a commercial contract, a barrister, a solicitor or a professional acting as an expert, this title will ensure that you gain a clear and practical working knowledge of expert determination.
The 5th edition considers cases decided by the courts since the last edition was published in 2008, which includes:
- Barclays Bank Plc v Nylon Capital Llp, in which the Court of appeal considered the scope of the expert's jurisdiction, and the part played by the court in deciding the extent of the expert's jurisdiction.
- Cream Holdings Ltd v Davenport.
- Ackerman v Ackerman, which considered the expert’s duty to act fairly, and the consequences of failure by the expert to adopt a fair procedure where the court was satisfied that the decision would have been the same even if the procedure had been fair.
- Issue estoppel in relation to the decision of an expert, in the light of Woodford Land Ltd v Persimmon Homes Ltd.
- Wilky Property Holdings Plc v London & Surrey Investments Ltd, which discusses staying court proceedings relating to matters falling within an expert determination clause.
- Cases in which a party has lost the right to challenge the decision by acting on the basis that the decision was a valid and binding decision.
- PC Harrington Contractors Ltd v Systech International Ltd which studies whether an expert is entitled to be paid if the decision reached is unenforceable.
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