EXPERT DETERMINATION
A Simple Procedure
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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 technical issues, it can be specially tailored to provide the most appropriate means to resolve many kinds of dispute, it is quick, cheap in comparison to other systems, and private.
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Confidentiality
References to experts are private in the same way that arbitrations are, which is one of the principal attractions to expert determination. The also parties themselves often agree to keep details of their cases confidential and that agreement is a binding contractual obligation.
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Contract law & Practice
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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 in particular 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.
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