Expert Determination Misconception and Misapplication

Journal article | December 2015 | Available for purchase & free for members


A long tradition in common law jurisprudence has been the use of a person or persons with specialised expertise to determine specific issues between disputing parties.

For the most part this process was applied to valuations of, for example, the value of shares, property, partnerships and the like, and called ‘Expert Determination’.

Whilst this traditional valuation process continues to be applied in Australia, over recent years there has been rapid growth and adoption of the process, particularly in the engineering, building and construction industries on the basis that it is a relatively cheap and comparatively expeditious means of resolution of disputes compared with the generally more costly and alleged delayed means of arbitral proceedings and even more costly and delayed curial proceedings.

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We thank the author of this article AA de Fina and the journal editor Russell Thirgood for their contribution to this journal.

Tags: Expert determination, Legal practice, Building and construction, Dispute handling administration