What is expert determination?
Expert determination is a flexible alternative procedure for the resolution of disputes based upon the decision of an independent third party: the Expert.
The disputants agree beforehand to be bound by the decisions of an independent expert.
It is often the quickest and most effective way of resolving disputes which are relatively simple in content or are essentially technical in nature.
According to the Institute’s Expert Determination Rules the role of the expert is summarized as follows:
1. The Expert shall determine the Dispute as an expert in accordance with these Rules and according to law.
2. The parties agree that:
a. the Expert is not an arbitrator of the matters in dispute and is deemed not to be acting in an arbitral capacity;
b. the Process is not an arbitration within the meaning of any statute.
3. 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.
4. 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.
Expert Determination is particularly useful for Technical or Contractual Disputes.
Rowena McNally is an experienced Expert Determiner and has acted to resolve disputes in the Transport and Water Industries in Queensland.