000 01540cad a22002295a 4500
001 L143258
008 080421s2007 at f v 000 0 eng d
035 _a(Sirsi) u143258
041 0 _aeng
100 1 _aRudge, Nick
245 0 0 _aWhen is an expert determination process not an arbitration?
_h[electronic resource]
260 _c2007
490 0 _aFocus
_bConstruction
_vSeptember 2007
520 _aReviews 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.
590 _aKA
650 2 4 _aNORTHBUILD CONSTRUCTION PTY LTD V DISCOVERY BEACH PROJECT PTY LTD
651 4 _aAustralia
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-INDEPENDENT EXPERT DETERMINATION
700 1 _aGallina, Nicholas
856 4 0 _uhttps://www.austlii.edu.au/au/journals/AUConstrLawNlr/2007/70.html
_zView the article free of charge at www.aar.au.com...
942 _n0
999 _c80118
_d80118