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Learning from the experts

By: Language: English Series: Estates Gazette ; (1221) 26 May 2012, 89(1)Publication details: 2012Subject(s): Summary: Examines expert determination, an alternative form of dispute resolution which is being increasingly turned to in a variety of real estate disputes. Explains the advantages of having an expert determination clause in a contractual agreement which include the resolution procedure being a relatively quick and effective method to decide on technical matters in comparison to court or arbitration proceedings. Disadvantages include the fact that a properly drafted clause will exclude the jurisdiction of the courts.

Examines expert determination, an alternative form of dispute resolution which is being increasingly turned to in a variety of real estate disputes. Explains the advantages of having an expert determination clause in a contractual agreement which include the resolution procedure being a relatively quick and effective method to decide on technical matters in comparison to court or arbitration proceedings. Disadvantages include the fact that a properly drafted clause will exclude the jurisdiction of the courts.