Expert determination: challenging an expert determination
Expert determination: challenging an expert determination
- 2002
- Arbitration Law Monthly 2(5) May 2002, 7-11(5) .
Expert determination is often used to resolve valuation disputes. It is usual that an expert determination is capable of challenge in the courts in only two circumstances: the an expert has reached a conclusion that is so unreasonable that no reasonable expert could have reached that conclusion; or the expert has ignored his instructions in a material respect in reaching his decision. Examines these aspects of expert determination in two decisions of Thomas J, "Galaxy Energy International Ltd v Eurobunker SpA" (2001) and "Invensys plc v Automotive Sealing Systems Ltd" (2001) and a decision of the CA, "Veba Oil Supply and Trading GmbH v Petrotrade Inc" (2001)
EXPERT DETERMINATION
VALUATION DISPUTES
GALAXY ENERGY INTERNATIONAL LTD V EUROBUNKER SPA
INVENSYS PLC V AUTOMOTIVE SEALINGS SYSTEMS
VEBA OIL SUPPLY AND TRADING GMBH V PETROTRADE INC
Expert determination is often used to resolve valuation disputes. It is usual that an expert determination is capable of challenge in the courts in only two circumstances: the an expert has reached a conclusion that is so unreasonable that no reasonable expert could have reached that conclusion; or the expert has ignored his instructions in a material respect in reaching his decision. Examines these aspects of expert determination in two decisions of Thomas J, "Galaxy Energy International Ltd v Eurobunker SpA" (2001) and "Invensys plc v Automotive Sealing Systems Ltd" (2001) and a decision of the CA, "Veba Oil Supply and Trading GmbH v Petrotrade Inc" (2001)
EXPERT DETERMINATION
VALUATION DISPUTES
GALAXY ENERGY INTERNATIONAL LTD V EUROBUNKER SPA
INVENSYS PLC V AUTOMOTIVE SEALINGS SYSTEMS
VEBA OIL SUPPLY AND TRADING GMBH V PETROTRADE INC