Some Common Problems In Expert Determination (And How To Avoid Them)

Sir Robert Megarry once observed that “Justice in full takes time: but often it is time well spent.” But what if the parties to a contract don’t have time to wait for justice in full? Sometimes contracting parties need a third party to determine something not supplied in the contract itself, and getting that answer quickly is more important than observing the typical due process protections of arbitration. How do the parties get a final and binding answer without the time and expense of arbitration or litigation?

This chapter was first published in the Canadian Arbitration and Mediation Journal (2014). The full chapter with citations is available here.