Ali Ford | Ankura The first article in this series introduced expert determination as an Alternate Dispute Resolution (ADR) mechanism in which parties appoint an independent subject matter expert to issue a binding decision on a dispute. This second article examines its practical application by outlining the key advantages and potential risks, helping parties assess when expert… Continue reading Use of Expert Determination as an ADR Method Part 2: Pros and Cons
Tag: Expert Determination
Use of Expert Determination as an ADR Method
Ali Fard | Ankura Alternate Dispute Resolution (ADR) mechanisms are generally designed to deliver time and cost efficiency, procedural flexibility, and confidentiality. However, one key consideration that is often understated is the degree of confidence the chosen ADR method can provide in achieving a fair and reasonable outcome. Many dispute resolution specialists have experienced utterly… Continue reading Use of Expert Determination as an ADR Method
Expert Determination Clauses: A Tailored Alternative for Construction Projects?
James Ebert and Steven Fleming | Jones Day In Short The Situation: Construction disputes face unique challenges in addition to those faced in other types of commercial disputes. Parties often agree to adopt independent expert determination as a means of managing these challenges. The Concern: Many boiler-plate independent expert determination clauses are not sufficiently tailored to the… Continue reading Expert Determination Clauses: A Tailored Alternative for Construction Projects?