When is an expert determination process not an arbitration? [electronic resource]
Rudge, Nick
When is an expert determination process not an arbitration? [electronic resource] - 2007 - Focus September 2007 .
Reviews the decision in an Australian case Northbuild Construction Pty Ltd v Discovery Beach Pty Ltd [2007] QSC 206 in relation to issues arising from an expert determination process. Covers the facts of the case, the decision of the Queensland Supreme Court and practical considerations. Looks at the circumstances in which an expert determination expert's conduct might become an arbitration. Suggests that expert determination does not preclude experts from cross-examining witnesses, if the contract allows. Advises that dispute resolution clauses should be carefully drafted to include the powers of the expert that the parties wish the expert to have.
NORTHBUILD CONSTRUCTION PTY LTD V DISCOVERY BEACH PROJECT PTY LTD
Australia
When is an expert determination process not an arbitration? [electronic resource] - 2007 - Focus September 2007 .
Reviews the decision in an Australian case Northbuild Construction Pty Ltd v Discovery Beach Pty Ltd [2007] QSC 206 in relation to issues arising from an expert determination process. Covers the facts of the case, the decision of the Queensland Supreme Court and practical considerations. Looks at the circumstances in which an expert determination expert's conduct might become an arbitration. Suggests that expert determination does not preclude experts from cross-examining witnesses, if the contract allows. Advises that dispute resolution clauses should be carefully drafted to include the powers of the expert that the parties wish the expert to have.
NORTHBUILD CONSTRUCTION PTY LTD V DISCOVERY BEACH PROJECT PTY LTD
Australia