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Topic: Expert determination

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In the News (Fri 19 Jul 19)

  A&L Goodbody Solicitors: Litigation and Dispute Resolution   (Site not responding. Last check: 2007-10-09)
Expert Determination is a form of Alternative Dispute Resolution whereby the parties to a contract agree to be bound by the decision of an independent third party: “the Expert”.
Expert Determination is appropriate for disputes where the issue or dispute between the parties is one of quantum i.e., value, or an issue of a technical nature.
Expert determination is most suitable where there is no conflict of factual evidence and where the issues fall within a specific sector of expertise and/or of law.
www.algoodbody.ie /commerciallitigation/dispute_expert.asp   (1140 words)

 Expert determination: when a court can intervene - UK Commercial Property Law Developments (Legal500.com)
As reported in the commercial property briefing in IHL 64, October 1998 ('Expert determination: court intervention', page 49), in National Grid a lease of an electricity substation provided that the rent at review was to be settled by an expert if the parties could not agree it.
Even though the expert may have made an error in his determination, he had carried out his task correctly (the test laid down in Jones), and it would be wrong to interfere with a non-speaking determination by seeking to second-guess the reasons which had led to that determination.
This is inherent in the expert determination process, which generally leads to a quick and relatively inexpensive result.
www.icclaw.com /devs/uk/cp/ukcp_092.htm   (768 words)

 Expert Determination v Arbitration
The rules stated that 'the expert is not an arbitrator of the matters in dispute and shall not be deemed to be acting in an arbitral capacity'.
The Supreme Court found that VCAT erred in its conclusion that the referral to the expert was not an expert determination and the agreement was not void.
the expert's expertise was not decisive of the characterisation of the role.
www.findlaw.com.au /article/10464.htm   (1080 words)

 Construction Dispute Resolution Consultants
Expert Determination is a means by which the parties to a contract jointly instruct a third party to decide an issue.
Expert Determination had its origin in non-contentious valuation: it is increasingly being used for technical as well as valuation issues, and for dispute resolution.
Experts are a distinct species of dispute resolver whose activities are subject to little or no control by the Court, from whose decisions there is no appeal, but who may nevertheless be liable for negligence in performing those otherwise unreviewable functions.
home.btconnect.com /TorrForensic/expert_determination.htm   (290 words)

 AAR: Publication: Focus: Arbitration
This expert is a creature of the contract between the parties, and the rules and procedures for expert determination are not subject to any legislation, which gives parties some degree of freedom.
Clause 3(b): The Expert is not an arbitrator of the matters in dispute and shall not be deemed to be acting in an arbitral capacity.
If the expert determination is in reality an arbitration, notwithstanding the parties' preconceptions at the outset of the contract, rights of appeals may exist under the appropriate arbitration legislation.
www.aar.com.au /pubs/ldr/foarbjun03.htm   (1572 words)

 Federal Practice and Procedure   (Site not responding. Last check: 2007-10-09)
Rule 702 is designed to ensure that, when expert witnesses testify in court, they adhere to the same standards of intellectual rigor that are demanded in their professional work.
As long as an expert's scientific testimony rests upon 'good grounds, based in what is known,' * * * it should be tested by the adversary process--competing expert testimony and active cross-examination--rather than excluded from jurors' scrutiny for fear that they will not grasp its complexities or satisfactorily weigh its inadequacies * * *.
In short, a scientific expert is an expert who relies on the application of scientific principles, rather than on skill-or experience-based observation, for the basis of his opinion.
www.law-forensic.com /rule_702.htm   (7675 words)

 Information about Expert Determination   (Site not responding. Last check: 2007-10-09)
Expert determination is a flexible alternative procedure for the resolution of disputes based upon the decision of an independent third party: the Expert.
The Expert shall adopt procedures suitable to the circumstances of the particular case, avoiding unnecessary delay and expense, so as to provide an expeditious cost-effective and fair means of determining the Dispute.
The Expert shall be independent of, and act fairly and impartially as between the parties, giving each party a reasonable opportunity of putting its case and dealing with that of any opposing party, and a reasonable opportunity to make submissions on the conduct of the Process.
www.iama.org.au /expert.htm   (207 words)

The independent expert shall have the power at any time to make or amend the procedure to be followed by the parties in the expert determination.
The independent expert’s determination shall be final and binding save where a Court holds it to be so clearly erroneous on its face that it would be unconscionable for it to stand.
Any party serving a notice of expert determination shall at the same time pay to the Disputes Secretary a fee, of an amount to be published from time to time by the Disputes Secretary but not exceeding £500 (excluding VAT).
www.ridr.co.uk /exptdet.htm   (2763 words)

 [No title]
Evidence -- expert witness -- emergency-medicine physician's opinion on standard of care for doctors in detecting and reporting child abuse was apposite -- variances in practices not pivotal factor in diagnosing child abuse.
I. Medical Expert Witness The Administrator's first argument is the trial court erred in excluding the testimony of Dr. Frederick Epstein on the standard of care for diagnosing child abuse in Hot Springs, as required by the Medical Malpractice Act and specifically by Ark. Code Ann.
The determination of an expert witness's qualification is within the discretion of the trial judge.
courts.state.ar.us /opinions/1996/95-518.txt   (5331 words)

 Proposed Rules on Disclosures Required by Sections 404, 406 and 407 of the Sarbanes-Oxley Act of 2002   (Site not responding. Last check: 2007-10-09)
In this context, the SEC stated its view that the mere designation of the financial expert should not impose a higher degree of individual responsibility or obligation on a member of the audit committee nor should designation of a financial expert decrease the duties and obligations of the other audit committee members.
Moreover, the Commission observed that it does not intend that any audit committee financial expert be considered an "expert" for purposes of Section 11 of the Securities Act solely as a result of his or her designation.
In determining whether a potential financial expert has all the requisite attributes, the board of directors must evaluate the totality of a person's experience and education.
www.thelenreid.com /articles/article/art_151.htm   (4492 words)

 EXPERT DETERMINATION FACTS AND INFORMATION   (Site not responding. Last check: 2007-10-09)
Expert determination is a historically accepted form of dispute_resolution invoked when there isn't a ''formulated dispute'' in which the parties have defined positions that need to be subjected to arbitration, but rather both parties are in agreement that there is a need for an evaluation.
In the context of modern jurisprudence the word "expert" appears first in ''Bottomley v Ambler'' 1878 38 LT 545, this was however used ambiguously also referring to arbitrators having the qualification of expert.
In Contract_Law, the parties are free to include a forum_selection_clause appointing a special_referee to resolve specialised but disputed factual issues between them.
www.redabacus.com /Expert_determination   (188 words)

 Takeovers Panel
Rule 58(1) provides that the reference to expert determination is a reference to an independent person appointed by the Panel.
Disclosure of all past and present relationships between the applicant and the parties to the transaction or series of transactions (including the directors of any such parties) in relation to which the expert determination is required including statements as to the nature, extent and duration of those relationships.
Disclosure of any direct or indirect pecuniary or other interest, (other than the applicant's fees for providing the determination) in relation to the transaction (or series of transactions) in respect of which the expert determination is required.
www.takeovers.govt.nz /who/policy_appointments.htm   (476 words)

 AAR: Publication: Focus: Construction
An expert determination can be described as a process where an independent expert decides an issue or issues between parties, in which the parties agree in their contract whether it will be binding.
Expert determination and arbitration are both processes that depend on the parties' contract for their existence.
the expert should have discretion as to the process and not be bound to rules of natural justice and evidence.
www.aar.com.au /pubs/const/foconoct03.htm   (1113 words)

 The City Disputes Panel glossary of terms, phrases and techniques associated with ADR (alternative dispute resolution)
An expert is appointed to review the case then tell the parties what the likely outcome would be if they went to trial.
An evaluative mediator assists the parties in reaching resolution by pointing out the weaknesses of their cases, and predicting what a judge or jury would be likely to do.
A process to determine a dispute through the law courts that results in a binding decision by a judge imposed on all parties.
www.citydisputespanel.org /pages/glossary.asp   (410 words)

 Learn more about Arbitration in the online encyclopedia.   (Site not responding. Last check: 2007-10-09)
Arbitrators are not bound by precedent and have great leeway in such matters as: active participation in the proceedings, accepting evidence, questioning witnesses, and deciding appropriate remedies.
Arbitrators may visit sites outside the hearing room, call expert witnesses, seek out additional evidence, decide whether or not the parties may be represented by legal counsel, and perform many other actions not normally within the purview of a court.
The arbitration panel may contain industry experts who may be more sympathetic to the industry than to the individual.
www.onlineencyclopedia.org /a/ar/arbitration.html   (964 words)

 Treatment & Immobilization of Hanford Radioactive Tank Waste
The non-proponent review team determined the expert review "was comprehensive and no significant gaps were identified in the overall methodology." Recommendations provided by the non-proponent review team included developing a time-dependent internal staffing plan, augmenting the DOE staff, and refining the interface review process after Part B is started.
Best-Value Determination: The expert reviewer for this determination noted "the hierarchical structure of the alternatives, their specifications, and the sequence of the decisions are well formulated." The main recommendation was to restructure the list of criteria.
The role of this five-member team was to determine whether this Report to Congress "clearly and adequately presents the DOE decision and the rationale used to arrive at that decision" and whether "the deal presented represents the best deal for the government compared to other options" evaluated.
www.hanford.gov /docs/twrs-atp/app-b.html   (2424 words)

 Expert determination -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-09)
Expert determination -- Facts, Info, and Encyclopedia article
The practise itself is millennia old and well established where complex legal institutions either have not developed, or are unavailable, such as tribal societies and criminal organisations.
The first mention that distinguishes specifically against the practise of arbitration, and introduces the formula "as an expert and not as an arbitrator" was in Dean v.
www.absoluteastronomy.com /encyclopedia/e/ex/expert_determination.htm   (117 words)

 Expert Determination Rules   (Site not responding. Last check: 2007-10-09)
Unless otherwise agreed between the parties, the Expert's determination shall contain a statement of reasons in such form as the Expert considers reasonably appropriate, having regard to the amount and complexity of the Dispute.
The parties agree that the Expert, the Institute and its officers and employees are not liable to any party for or in respect of any act or omission in the discharge or purported discharge of their respective functions under these Rules unless such act or omission is shown to have been fraudulent.
3.Where the Institute nominates a replacement Expert pursuant to paragraph 2a of this Rule, then any dispute as to the reasonableness of the conditions notified by the replacement Expert shall be determined by the President of the Institute or his or her nominee, which determination shall be final and binding.
www.iama.org.au /rulesedr.htm   (2918 words)

The mediator, arbitrator or independent expert will agree with the parties to the dispute the logistics of its resolution and any changes to the timescales laid down in the RIDR Rules, which provide for determination of the dispute within a period of some 70 days.
If such a document is not produced for any reason other than its being privileged the independent expert may proceed on the basis of documents he does have, or strike out the part of the claim or defence to which the document relates.
The independent expert may order that one party pays to the other a sum of money, which may include damages and/or the payment of interest, that the party should or should not take specific action, or that one party pay another party’s costs.
www.ridr.co.uk /guideexp.htm   (1926 words)

 An Expert Witness Can Make or Break a Case
The CPA expert witness, on both sides of the lawsuit, must literally sift through the data and material to determine what is specifically relevant to his or her testimony.
An expert witness does not want to appear on a case where he or she (or the firm) has present or past professional relationships with individuals on either side of the suit which prevent or interfere with the witness’s objective testimony.
The CPA expert witness should prepare a first draft of the damages analysis as soon as he or she understands the facts of the case, and should review the draft with counsel to ensure it is accurate and complete.
www.aicpa.org /pubs/jofa/aug2001/johnson.htm   (3302 words)

 Fenwick Elliott Dispatch :: Issue 17, November 2001   (Site not responding. Last check: 2007-10-09)
The expert determination agreement said that the decision was to be binding except in cases of manifest error and that the expert should give reasons.
Thomas J said that it would not be right when considering whether there had been a manifest error in the determination and where further reasons had been given by way of clarification of the original reason, for the court merely to look at the terms of reference.
By CPR 35.10, expert reports are required to state the substance of all material instructions whether there are written or oral which form the basis upon which the report was written.
www.cing.org.uk /pdfs/dispatch/old_html_versions/17.htm   (1358 words)

 Art Law : ArtResolve : Model Agreements   (Site not responding. Last check: 2007-10-09)
If the mediation is unsuccessful, the dispute shall be referred, at the option of either party, to expert determination by an expert (or experts) to be agreed on by the parties or, in default of that agreement, to be appointed by Artresolve.
The expert(s) shall act as (an) expert(s) and not as (an) arbitrator(s) and his/her/their decision shall be final and binding on the parties.
Neither the mediator(s), expert(s), pupil(s) nor ArtResolve undertake any responsibility to the parties for any act or omission, including acts or omissions amounting to negligence, in connection with the mediation and/or expert determination, except where bad faith is shown.
www.artresolve.org /model.htm   (538 words)

 Business Review Letter: Justice Department Approves Joint Licensing of Patents Essential for Making DVD-Video and ...
At that time, any patent initially designated by a Licensor for inclusion in the DVD Patent License that the expert determines is not "essential" will be excluded from subsequent DVD Patent Licenses, although current licensees will have the option to retain it in their existing licenses.
Pursuant to the expert's quadrennial review of the portfolio, the formula also takes into account the elimination of patents from the portfolio, whether due to expiration, the departure of a Licensor from the joint licensing program, or the expert's determination that a patent is no longer "essential," and the addition of new "essential" patents.
Third, since the expert's compensation will be based directly on time spent evaluating patents, regardless whether a given patent is designated as "essential," the expert's compensation will not be affected by his or her determinations as to essentiality.
www.usdoj.gov /atr/public/busreview/2485.htm   (5104 words)

 Arbitration   (Site not responding. Last check: 2007-10-09)
Arbitrators are not bound by precedent and have great leeway in such mattersas: active participation in the proceedings, accepting evidence, questioningwitnesses, and deciding appropriate remedies.
Arbitrators may visit sites outside the hearing room, call expert witnesses, seek out additional evidence, decide whether or not theparties may be represented by legal counsel, and perform many other actions not normally within the purview of a court.
Thearbitration panel may contain industry experts who may be more sympathetic to the industry than to the individual.
www.therfcc.org /arbitration-2329.html   (988 words)

 Art Law : ArtResolve : Dispute Resolution by Expert Determination   (Site not responding. Last check: 2007-10-09)
Expert determination leads to the expert imposing a binding decision on the parties.
Expert deterination is best used where there is no conflict of factual evidence, and where the issues are of expertise and/or of law.
The expert's fees are for agreement between the expert and the parties and subject to approval by ArtResolve.
www.artresolve.org /dr-exdet.htm   (424 words)

 Michigan Appellate Digest - 194761 People v Murray   (Site not responding. Last check: 2007-10-09)
The determination of the qualification of an expert witness and the admissibility of his testimony is within the trial court's discretion.
The expert testimony of police officers may be presented to aid the jury in understanding evidence in controlled substances cases, including testimony regarding drug profiles.
To be admissible, the testimony of an expert witness must be that of a qualified expert, must serve to give the trier of fact a better understanding of the evidence or assist in determining a fact in issue, and must be from a recognized discipline.
courtofappeals.mijud.net /Digest/newHTML/19476121.htm   (652 words)

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