Expert System andy Mather Offers Some Pointers On An Alternative To Arbitration In Resolving Disputes

摘要

Property and construction contracts often provide for disputes to be resolved by expert determination. Architects may become involved with an expert determination process through administering such contracts or acting as the appointed expert in relation to disputes. It is therefore important to be aware of the principles that apply, especially for those appointed as experts, because the immunity which protects adjudicators and arbitrators from claims brought by dissatisfied parties does not extend to experts. This means that an expert can be sued by the parties for breach of contract or negligence in carrying out the task unless the appointment provides immunity from claims. Expert determination is a procedure whereby the parties to a dispute agree to refer it to an independent expert who will make a binding decision. It is intended to be quick, flexible and relatively cheap compared to litigation or arbitration and the expert usually has a wide discretion over the conduct of the procedure. The process is similar to adjudication in many ways but, unlike in adjudication, an expert's decision is final and it is not open to the parties to refer the dispute to court or arbitration if they are not satisfied with the decision.