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Home > Country profiles > Canada > Articles > Article detail

Procurement Perspectives: An alternative process to dispute resolution

Tuesday, 13th March 2019

"The term “expert determination” describes a dispute resolution procedure under which the parties jointly instruct an expert to decide an issue, with the understanding that determination shall be contractually binding.

Expert determination is made by a specialist in the subject matter of the dispute undertaken with the agreement that the parties will accept the result.

According to advocates, expert determination is ideally suited to disputes and matters of valuation or matters that are primarily dependent on technical issues, such as whether a particular design or product satisfies the buyer’s specification or whether there is a malfunction.

According to the Institute of Arbitrators and Mediators of Australia, the term expert determination describes a “flexible alternative procedure for the resolution of disputes based upon the decision of an independent party: The Expert.”

The disputants agree beforehand to be bound by the decision of an independent expert. It is often the quickest and most effective way of resolving disputes that are relatively simple in content or are essentially technical in nature."

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Language: English
Contact: Stephen Bauld

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