It involves appointing an independent expert, and is particularly suited to disputes relating to valuation, assessment of delays or extensions of time, or other disputes which have a purely technical nature.
When a resolution is needed promptly, expert determination is often the quickest way to resolve a dispute, especially where the facts are agreed by the parties. Expert determination is often less expensive and less formal than arbitration or litigation.
“The Fenwick Elliott lawyers have excellent knowledge of the areas in which they advise. They understand and strive to understand the underlying commercial aspects of our business and frame their advice into that context.”
Chambers and Partners UK
We bring a depth of experience to expert determination, as well as early neutral evaluation, as an effective mechanism for resolving conflict between parties.
We understand that expert determination can be a useful mechanism to produce a binding decision in a streamlined process.
Our team is well-placed to advise on whether expert determination is appropriate for the dispute at hand and understand how it can be used alongside other ADR methods, such as mediation. We make our clients’ key priorities our key priorities, and this commercial focus enables us to identify when it is appropriate to opt for less adversarial dispute resolution methods that preserve business relationships, such as expert determination.
Whatever your claim, our wealth of expertise in every form of dispute resolution means that we can advise you every step of the way, up to and including litigation.
Fenwick Elliott handles large, complex, high-value construction- and energy-related arbitrations globally, and we are known in arbitration circles as a true specialist and a formidable opponent.
We have a deep understanding of Dispute Boards as a resolution mechanism, with our lawyers engaging in cases which have proceeded to Dispute Board hearings as well as sitting on Dispute Board panels for projects globally.
We are industry leaders in the use of mediation in Alternative Dispute Resolution (ADR) and know that mediation is an indispensable tool for settling cases before they go to trial.
Fenwick Elliott is a pioneer in the use of adjudication proceedings as a form of dispute resolution, and are experts in deploying its use in order to resolve claims economically and promptly.
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