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Expert Determination Services |
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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. The third party is commonly known as an Expert, and is a person who has been chosen for his expertise about the issue between the parties. It is a simple, informal and contract based procedure. Expert Determination had its origin in non-contentious valuation: it is increasingly being used for technical as well as valuation issues, and for dispute resolution. Expert determination is quick, cheap and private. The continuing adaptation and development of Expert Determination into new areas show that its usefulness is appreciated by both businessmen and lawyers. Experts are often loosely described as being some kind of Arbitrator. The fact is that they are not. Experts are a distinct species of dispute resolver whose activities are subject to little or no control by the Court, from whose decisions there is no appeal, but who may nevertheless be liable for negligence in performing those otherwise unreviewable functions. A partnership or company can be an Expert, whereas an Arbitrator must always be a natural person. The important difference between Expert Determination and Arbitration lies in the Procedure and the absence of remedies for Procedure Rules mishaps in Expert Determination. An Arbitration award can be set aside because the Procedure fails to conform with the principles of natural justice: no such remedy is available to invalidate an Expert's decision. An Expert can adopt an inquisitorial, investigative approach, as opposed to the adversarial, party driven mechanism of Arbitration. James Torr gained considerable experience in the administration of construction contracts throughout his long career as a Consulting Engineer. This experience is invaluable when acting as an Expert Determinator in construction disputes. He has acted in disputes between contractors and construction professionals over their liability for construction defects. |