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Kendall on Expert Determination

Kendall on Expert Determination
5th Edition
ISBN:  9780414034266
Published by:  Sweet & Maxwell
Publication Date:  12 Dec 2014
Subscription Information:  Non-Subscribable Product
Format:  Hardback
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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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1. Introduction
2. Land
3. Valuation and sales of businesses and of shares in private companies
4. Uses of expert determination in business and industry
5. Construction contracts and interim determinations
6. Dispute resolution
7. The expert clause
8. Qualifications of an expert
9. Appointing an expert
10. Acting as an expert
11. Jurisdiction of the expert
12. Procedure for the reference
13. Enforcing the decision
14. Challenging the decision
15. Rights and duties of experts
16. Arbitration is different
17. A third category?
18. Expert determination in other countries
19. International issues

A: Precedents for an accountancy expert
B: Appointment of arbitrators by the President of the Law Society: guidance notes and application form
C: RICS application form and notes
D: Precedent for Claims Tribunal for company voluntary arrangement
E: CEDR's Model expert determination agreement and guidance notes
F: List of Appointing Authorities
G: Glossary
H: Further reading, books, articles


Clive Freedman is a barrister at 3 Verulam Buildings, Gray’s Inn and has contributed since the 3rd edition.  He is a Chartered Arbitrator and  a CEDR Accredited Mediator, and is a Fellow of the British Computer Society and a Trustee of the Society for Computers & Law. 

James Farrell is a partner in the litigation and arbitration division  at Herbert Smith Freehills LLP and was a contributor to the 4th edition.  He has extensive experience of commercial disputes in the High Court and appellate court, as well as in arbitrations, mediations and expert determination.


  • Contains principal applications
  • Discusses expert determination as a method of dispute resolution
  • Details practical aspects of the subject
  • Studies contentious aspects
  • Offers tools and appendices detailing various precedents and lists appointing authorities
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