Challenging a Third-Party Expert Determination

NUS Law Working Paper No. 2019/018

NUS Centre for Maritime Law Working Paper 19/06

34 Pages Posted: 12 Sep 2019

See all articles by Djakhongir T. Saidov

Djakhongir T. Saidov

National University of Singapore (NUS) - Centre for Maritime Law

Date Written: September 11, 2019

Abstract

This paper analyses the process known as a ‘third-party expert determination’ (ED), where, by virtue of an ED clause in the contract, the parties agree to refer an issue, difference or dispute to an expert, whose decision is final and binding on them. In particular, it examines the validity of the oft-repeated proposition that the grounds for challenging ED are very limited, and argues that this oversimplifies the true state of the law, and that ideas of freedom of contract and party autonomy are insufficiently implemented in the law on ED. This paper proposes solutions that promote finality, which is vital to the effectiveness and reliability of the ED process, and that restrict room for judicial interference. Further, the paper demonstrates the increasing complexity of the law on ED and advocates approaches that are conducive to greater legal certainty.

Keywords: Third-party expert determination, contractual performance, dispute resolution, party autonomy, finality, judicial intervention

Suggested Citation

Saidov, Djakhongir T ., Challenging a Third-Party Expert Determination (September 11, 2019). NUS Centre for Maritime Law Working Paper 19/06. Available at SSRN: https://ssrn.com/abstract=3451751 or http://dx.doi.org/10.2139/ssrn.3451751

Djakhongir T . Saidov (Contact Author)

National University of Singapore (NUS) - Centre for Maritime Law ( email )

Bukit Timah Road 469 G
Singapore

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