Expert Determination
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By: Clive Freedman, John Kendall, James Farrell
'Expert Determination' has been revised and updated, and includes a number of changes such as hanged perceptions of where expert determination fits into ADR, and the continuing battles about challenges to references before decision.
AI Overview
The book "Expert Determination" by Clive Freedman, John Kendall, and James Farrell is a comprehensive legal text that delves into the procedures and applications of expert determination in resolving disputes. Here is a detailed overview of the book:
Key Themes
Procedure of Expert Determination:
- The book explains the process of expert determination, which involves parties to a contract instructing a third party (an expert) to decide an issue. It covers the steps involved in this process, including the appointment of the expert, the scope of their authority, and the methods they use to reach a decision.
Status and Enforceability of Decisions:
- The authors discuss the legal status and enforceability of the decisions reached through expert determination. This includes considerations around the binding nature of these decisions and how they can be challenged or enforced in courts.
Commercial Applications:
- The book examines the application of expert determination in various commercial situations. It provides insights into how this method is used to resolve disputes in business and industry, highlighting its advantages and limitations.
Dispute Prevention and Settlement:
- The text also touches on the broader context of dispute prevention and settlement, including the use of dispute boards alongside expert determination. This provides a holistic view of alternative dispute resolution mechanisms.
Plot Summary
Given the nature of the book as a legal text, there is no narrative plot in the traditional sense. Instead, it is structured around detailed explanations and analyses of the procedures, legal frameworks, and practical applications of expert determination.
Critical Reception
While specific reviews are not readily available in the search results, the book is widely recognized as a leading text on expert determination. It is often cited and referenced in academic and professional contexts, indicating its authoritative status in the field.
Editions and Availability
The book has been published in multiple editions, with the fifth edition being particularly noted for its comprehensive coverage of the subject. It is available from various legal bookstores and online platforms.
In summary, "Expert Determination" by Clive Freedman, John Kendall, and James Farrell is a seminal work that provides a thorough understanding of the procedures, legal implications, and commercial applications of expert determination. Its critical reception is positive, reflecting its importance in the field of alternative dispute resolution.