Expert Determination 4th Edition

By John Kendall, Clive Freedman, James Farrell

Book

$385.00 RRP

Date: 01/04/2008

Code: 9781847030313

Sweet & Maxwell, UNITED KINGDOM

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Description

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Format	Title	Date	Code	Price
Book	Expert Determination 4th Edition	01/04/2008	9781847030313	$385.00

Description

"The single best source of knowledge about expert determination across the range of industry sectors in which it now operates"

International Arbitration Law Review

This work is renowned as the leading text on expert determination, an increasingly popular form of dispute resolution. It explains the procedures involved in detail, examines the application of expert determination in a range of commercial sectors (including rent review, the oil industry and construction to gas, rail, IT, outsourcing and joint ventures), and looks at all the practical issues involved such as tactics during a dispute.

It covers the many recent developments in the area, including the expert's risk of prosecution under the Proceeds of Crime Act 2002, the growing international use of expert determination, and how it is being used in new commercial sectors such as outsourcing and utilities.

· Discusses appointing the expert, his rights and powers, and jurisdiction

· Advises on the content of the expert clause in a contract

· Deals with enforcing and challenging the decision

· Analyses the impact of significant recent decisions such as Edward Campbell and others v OCÉ (UK) Limited and Contact Energy Ltd v The Attorney-General

· Provides useful forms and precedents, including an expert clause

· Covers cross-jurisdictional issues and similar dispute systems used in other major jurisdictions

· Shows how expert determination can be used alongside arbitration, mediation or litigation.

Contents

Introduction. Land. Shares in private companies. Sale and purchase of businesses and companies. Other commercial applications. From valuer to expert. Constructions contracts and interim determinations. Dispute resolution. The expert clause. Qualifications of an expert. Appointing an expert. Jurisdiction of the expert. Procedure for the reference. Enforcing the decision. Challenging the decision. Rights and duties of experts. Arbitration is different. A third category. International lssues.

Jurisdiction: International