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What is the ICC expert determination clause?

Notes: Clause C provides a simple form of clause for binding expert proceedings, sometimes referred to as expert determination proceedings. Clause C creates an obligation to refer a dispute to binding expert proceedings under the ICC Rules for the Administration of Expert Proceedings.

What is meant by expert determination?

Expert determination is a private process involving an independent technical expert. They make a binding decision on technical rather than legal issues and have the power to ask questions of the parties before rendering their decision. Refer a Case Enquiry. Commercial ADR.

What is the difference between expert determination and arbitration?

Arbitration is suitable for disputes where the evidence is less straight forward or legal issues are more complex. An expert's determination is quick and cheap but might be wrong and perverse. It all comes down to the quality of expert and the parties need to focus on appointing an appropriate expert.

What is the expert determination process?

Expert determination is a binding dispute resolution process which can be a highly effective tool for resolving disputes at a fraction of the cost and within a fraction of the time of taking a case through the courts or through a formal arbitration.

What is the expert determination clause in practical law?

A type of alternative dispute resolution. A binding inquisitorial process that can offer an effective means of settling a technical issue or dispute between contracting parties.

What is the jurisdiction of expert determination?

Expert determination clauses govern the jurisdiction of the expert and the conduct of the determination. They should typically cover: the issue(s) to be determined (this must be carefully drafted) the expert's qualifications, appointment and his duty to act independently, and as an expert not an arbitrator.

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