What Is Expert Determination ?
Expert determination is another form of alternative dispute resolution (ADR) where an independent technical expert, often with specialized knowledge in a particular field, is appointed to resolve a dispute between parties. Unlike early neutral evaluation (ENE), expert determination is typically binding, meaning the decision of the expert is final and enforceable unless the parties agreed from the beginning that the determination would not be.
Expert Determination Confidentiality
Confidentiality the proceedings are confidential, ensuring that sensitive information about the dispute does not become public or influence future litigation.
Flexibility the process is often faster and less formal than litigation or arbitration, with the expert focusing on resolving the specific issue presented by the parties.
Cost-Effective, since it avoids lengthy litigation or arbitration procedures, expert determination can be a more cost-effective way of resolving disputes, especially where technical or niche expertise is required.
Expert Determination Features
Key features of expert determination include specialized expertise: The appointed expert is usually someone with deep knowledge of the subject matter involved in the dispute, such as a technical issue, financial calculation, or industry-specific matter.
Binding Decision in many cases, the decision of the expert is final and binding on the parties, unless the agreement specifies that it should be non-binding or subject to appeal.
Types Of Cases
Agreed Process the parties typically agree on the rules governing the expert determination process, including the scope of the expert’s authority, timelines, and fees.
Expert determination is commonly used in commercial disputes, construction, intellectual property, and complex contractual issues where technical knowledge or specific expertise is necessary to render an informed decision.
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