What is Expert Determination?

Expert determination is a form of alternative dispute resolution based upon the decision of an Expert – an independent third party with an expert knowledge of the technical issues central to the dispute.

The decision to use Expert Determination to resolve the dispute is often supported by a clause in the original contract.  The parties may choose Expert Determination after a dispute has arisen by mutual consent.

Why Choose Expert Determination?

Expert Determination is a relatively quick and effective way of resolving disputes which are simple in content or are essentially technical in nature.

The Institute of Arbitrators & Mediators Australia’s Expert Determination Rules define the role of the expert in the process. In brief, the role of the expert is:

  • The Expert shall determine the Dispute as an expert in accordance with these Rules and according to law.
  • The parties agree that:
  • the Expert is not an arbitrator of the matters in dispute and is deemed not to be acting in an arbitral capacity;
  • the Process is not an arbitration within the meaning of any statute.
  • The Expert shall adopt procedures suitable to the circumstances of the particular case, avoiding unnecessary delay and expense, so as to provide an expeditious cost-effective and fair means of determining the Dispute.
  • The Expert shall be independent of, and act fairly and impartially as between the parties, giving each party a reasonable opportunity of putting its case and dealing with that of any opposing party, and a reasonable opportunity to make submissions on the conduct of the Process.

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