Attempting to torpedo an adjudicator's decision or an arbitrator's award is an uphill task. Even more difficult to upset is an award made by an expert in the dispute-deciding process of expert determination. An expert determination took place in a dispute between builder Owen Pell and employer Bindi (London). It was a sound dispute resolution choice because the argument was mainly about valuing work done, valuing alleged defects and valuing the cost of cure. Mind you, all that can be done by adjudicators and arbitrators and even judges in the TCC, provided they don't mind measuring drains and brickwork. The best person for all this, though, is a QS. More accurately, it is a QS who has done masses of adjudications and arbitrations as the dispute decider. Now then, expert determination has a crucially different characteristic.
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