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Expert
Determination
Originally
a means for settling specific valuation and technical
issues, expert determination has come to be used as
another means of dispute resolution.
The parties must agree to expert determination
as they must do for arbitration.
Their agreement should identify the matters to
be determined and specify how the expert is to be appointed. The
procedure is usually discussed informally between the
expert and the parties.
Unless agreed otherwise, the expert can pursue
his or her own investigations, but a meeting with the
parties usually takes place before a decision is made.
The expert
may meet the parties separately or together as long
as the procedure adopted is fair. Although
not enforceable as an arbitral award, expert determination
is binding on the parties.
It is enforceable as a contract term by action
before a national Court. Benefits
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