Expert Determination

The book "Expert Determination" by John Kendall and Clive Freedman is a comprehensive guide to the process of submitting differences or disputes to a third party for a binding decision. Here is a detailed overview of the book:

Key Themes

1. Dispute Resolution Process: The book focuses on the process of expert determination, which is a method of alternative dispute resolution (ADR) used to resolve disputes, particularly those involving technical or valuation issues.
2. Expert's Role: It emphasizes the role of the expert, who typically possesses specialized knowledge and expertise in a specific field related to the dispute. The expert evaluates evidence, applies their expertise, and provides a binding or non-binding determination.
3. Commercial Applications: The book examines the application of expert determination in various commercial situations, including cross-jurisdictional issues and enforcement.
4. Case Studies: It includes case studies and judicial decisions that have shaped the understanding and application of expert determination. For example, it discusses cases like Barclays Bank Plc v Nylon Capital Llp, Cream Holdings Ltd v Davenport, and Ackerman v Ackerman, which have influenced the scope of an expert's jurisdiction and their duty to act fairly.

Plot Summary

The book is structured to provide a detailed understanding of the expert determination process. It covers:

• Procedure: The steps involved in submitting a dispute to an expert, including the appointment of the expert, the evaluation of evidence, and the provision of a determination.
• Contractual Clauses: It examines how expert determination clauses are incorporated into contracts and how these clauses affect the dispute resolution process.
• International Use: The book discusses the international use of expert determination, highlighting the challenges and pitfalls related to cross-jurisdictional issues and enforcement.
• Judicial Decisions: It reviews significant judicial decisions that have impacted the use and interpretation of expert determination clauses, such as those related to issue estoppel and the enforceability of expert determinations.

Critical Reception

While specific reviews of the book are not provided in the search results, the book's reputation as a leading text on expert determination suggests that it is highly regarded in the legal community. The fact that it has been updated to its fifth edition indicates ongoing relevance and utility for practitioners and scholars in the field of dispute resolution.

Editions and Availability

The book is available in both print and eBook formats, offering flexibility for readers. The fifth edition, published in 2014, includes new material on international use and updated case law.