Dispute Prevention and Settlement Through Expert Determination and Dispute Boards

The book "Dispute Prevention and Settlement Through Expert Determination and Dispute Boards" by Filip De Ly and Paul A. Gélinas is a comprehensive guide to the methods of preventing and settling disputes through Expert Determination and Dispute Boards. Here is a detailed overview of the book:

Key Themes

1. Dispute Prevention:

   • The book emphasizes the importance of preventing disputes before they arise, highlighting the role of Expert Determination and Dispute Boards in reducing the risk of long and complex factual disputes.

2. Expert Determination:

   • Expert Determination is a process where parties agree to refer an issue, difference, or dispute arising from their contract to be resolved by an expert. This method is used for contractual ‘gap-filling’ and as an ADR mechanism, injecting detailed meaning into the contract and preventing disagreements from arising.

3. Dispute Boards:

   • Dispute Boards are mechanisms used by the international business community to resolve disputes efficiently. The book discusses the 2015 ICC Dispute Board Rules and their application in various contractual scenarios, including under the FIDIC forms of contract.

4. Contract Law Issues:

   • The book delves into contract law issues related to Expert Determination and Dispute Boards, including procedural issues and the relationship between these methods and litigation and arbitration.

5. International Perspectives:

   • The authors draw on international expertise, sharing knowledge and experience from 13 international experts. This includes discussions on the impact of applicable law and recent case law on Dispute Boards.

6. Practical Applications:

   • Specific topics covered include the challenges of Expert Determination in M&A transactions, Expert Determination by Accounting firms, and real-life examples of its application.

Plot Summary

The book is structured to provide a thorough understanding of both Expert Determination and Dispute Boards. It begins by introducing the concept of dispute prevention and the role of these methods in avoiding long and complex disputes. The authors then delve into the specifics of Expert Determination, including its contractual ‘gap-filling’ function and its use as an ADR mechanism.

The second part of the book focuses on Dispute Boards, discussing the ICC Dispute Board Rules and their application in various contractual scenarios. It also explores recent case law on Dispute Boards and their relationship with litigation and arbitration.

Throughout the book, the authors emphasize the importance of these methods in reducing the risk of disputes and provide practical insights through real-life examples and international case studies.

Critical Reception

As of the current information, there are no reviews available for the book. However, the book is described as essential reading for lawyers and in-house counsel, indicating its relevance and importance in the field of dispute resolution.

ISBN and Availability

The book is available under the ISBN 978-92-842-0427-4. It can be purchased from various online retailers, including ThriftBooks and Barnes & Noble. The book is priced at €75.00 excluding VAT and transport costs.