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The latest issue of the Building and Construction Law Journal (Volume 32 Part 6) contains the following material:
Expert determination is a process which allows parties to agree to refer disputes or issues to an independent expert for determination. It is only one of a number of different alternative dispute resolution (ADR) choices commercial parties have. Various changes in the ADR landscape have occurred in recent years. In the midst of this evolution of other, competing, ADR mechanisms, has expert determination been left behind? To help answer this question, this paper reviews the reasons parties choose to adopt expert determination, and the state of the law regarding enforceability of determinations, before considering its current utility (and popularity) as a dispute resolution option. Both theoretical and practical views on the use of expert determination as a dispute resolution method are considered, as well as potential challenges to expert determinations and expert determination clauses, and the overall usefulness of expert determination as an ADR option.
- RCR O’Donnell Griffin Pty Ltd v Forge Group Power Pty Ltd (Receivers and Managers Appointed) (in liq) & Ors
- The Owners – Strata Plan No 77475 v Walker Group Constructions Pty Ltd & Anor
For the PDF version of the table of contents, click here: BCL Vol 32 No 6 Contents.
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