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Expert Determination

Expert Determination

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Expert Determination

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  1. Expert Determination Sir Peter Cresswell

  2. The Dispute Resolution landscape is changing • London - a leading centre for dispute resolution • Highly competitive international market • No reason for complacency • A full range of dispute resolution services • The Commercial Court/Chancery Division • Arbitration • Expert Determination • Adjudication • Mediation • By • Persons who are undoubtedly independent • Within a reasonable time • At a reasonable and proportionate cost

  3. Expert Determination • The amount of consideration on sale and purchase of businesses and companies • Valuation of shares in private companies • Partnership disputes • Swaps and derivatives • Letters of credit DOCDEX • Rent reviews

  4. Expert Determination (cont) • Who influences the use of clauses in contracts providing for expert determinations? • The transactional lawyers • The commercial parties • Ad hoc references post dispute • Statistics?

  5. Some Considerations • Reasons? • Time? • Cost? • The desirability of businesses solving disputes quickly • Legal advice for the expert • Generally no formal hearing • Parties appointing their own additional experts to be discouraged Academy of Experts ED Rules ICC Expertise Rules

  6. Finish where I began…. • The dispute resolution landscape is changing • London – a leading centre for dispute resolution • A full range of dispute resolution services • The Commercial Court/Chancery Division • Arbitration • Expert determination • Adjudication • Mediation • By • Persons who are undoubtedly independent • Within a reasonable time • At a reasonable and proportionate cost • Who promotes London?