What is expert determination?
Expert determination is a quasi-adjudicatory process, in which the parties agree to submit their dispute to one or three neutral experts who make a determination on the referred matter. It takes less time and has lower costs than international commercial arbitration; however, if the expert determination does not resolve the parties’ dispute, then the determination may be finally appealed to an arbitral tribunal, if the parties have so agreed, or, if not, to a court of competent jurisdiction. See generally CEDR Solve “Expert Determination”.
What do I do in an expert determination?
I am a neutral for expert determinations on contract interpretation or legal issues in international commercial transactions. As a neutral, I talk to the parties separately and interview their witnesses and review their documents in order to understand each party’s evidence and argumentation. On this basis, I prepare a written report, which summarizes the expert determination and outlines the agreed and contested facts and related contract interpretation or legal issues, but without any findings as to credibility. The report may or may not have recommendations for settlement. As the parties agree, my determination may or may not be binding. My expert determination investigation and report can help the parties accept the factual realities of their dispute and also provide a calmer and objective platform for resolution.
What is Dispute Board?
Dispute Board is a quasi-adjudicatory process, in which a third party – normally consisting of three experts (legal, commercial, technical) – renders a determination or recommendation, which is effected in an expedited proceeding and can be binding or non-binding. Like an expert determination: a Dispute Board takes less time and has lower costs than international commercial arbitration; and, if the Dispute Board determination or recommendation does not resolve the parties’ dispute, then the determination or recommendation may be finally appealed to an arbitral tribunal, if the parties have so agreed, or, if not, to a court of competent jurisdiction. See generally CIArb Australia “An Introduction to Dispute Boards”.
What do I do in a Dispute Board proceeding?
I apply my 20+ year-IDR experience, knowledge and skills to contractual and legal issues. My focus is primarily on disputes where at least one party is based in a German-language-jurisdiction (e.g., Austria, Germany, Switzerland).