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.