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EXPERT DETERMINATION

EXPERT DETERMINATION

A Simple Procedure
 
Expert determination is a means by which the parties to a contract jointly instruct a third party to decide an issue between them. The third party is commonly known as an expert, and is a person who has usually been chosen for expertise in the issue between the parties. Expert determination is simple, informal and contract-based.  Some issues have been seen as more suitable for expert determination than others
 
Expert determination is increasingly being used for programming, quantum, valuation, and technical engineering & design defect issues, it can be specially tailored to provide the most appropriate means to resolve many kinds of dispute, it is quick, more cost-effective compared to other avenues, and private.
 
Confidentiality
 
References to experts are private in the same way that arbitrations are, which is one of the principal attractions to expert determination.  Also the parties themselves often agree to keep details of their cases confidential and that agreement is a binding contractual obligation.

Contract Law & Practice

Expert determination clauses are found in standard form and bespoke contracts, and the law of contract is the most important area of law in Expert Determination, particularly where the process is contractual and the jurisdiction of Expert Determiner emanates from the parties' contract as well as their agreement with the Expert Determiner. 


Contact us to find out more

EXPERT DETERMINER
 

SHADY MIKHAIL,
 
BSc, LLM, FACICA, FCIArb, PMP, PSP
 
PRINCIPAL  |  CFPM
 SOLUTIONS

  • Master of  Laws, Construction Law and Arbitration

  • Bachelor of Science, Civil Engineering; 

  • Accredited Expert Determiner & Panel Member;

  • Arbitrator (Resolution Institute, ACICA ,and ICC);​​

  • Accredited Expert Witness & Panel Member;

  • Registered Adjudicator (NSW, QLD & WA);

  • Programming and Forensic Delay Analysis Expert 

CONTACT


Mobile: 0403 265 753

Email:  enquiries@cfpmsolutions.com

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Last Updated: 17 December 2025

E: enquiries@cfpmsolutions.com  ||  ABN: 98 633 416 145 / ACN: 633 416 145

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