EXPERT DETERMINATION

What is Expert Determination

Expert determination is a flexible procedure for the resolution of disputes based on the decision of an independent third party who is accepted as an Expert by the parties, which have initially agreed to be bound by the decision(s) of their Expert. The Expert Determination process is often the fastest and most effective way of resolving mainly technical disputes.

The Expert's role: -

To use his/her expertise to determine the dispute in accordance with the Rules and according to law.

Rules. The parties agree: -

• The Expert is not arbitrating the matters in dispute.
• The Expert Determination is not an arbitration case within the meaning of any law.
• The Expert shall be procedurally flexible suitable to the case's circumstances in avoiding unnecessary delay and expense in order to provide an quick, cost-effective and fair means of determining the Dispute.
• The Expert shall be independent of any party. Act justly and neutrally between the parties. Give each party every reasonable opportunity to present its case and respond to any opposing party submissions. Give parties reasonable opportunity to make submissions on the process' conduct.

In the global economy expert advice in settling business disputes is increasingly in demand. Phoenix Legal has established access to experts in most subjects relevant to business areas. Right expertise is vital for contractual reference. Phoenix Legal can propose one or more experts. Expert dispute boards are independent bodies designed to help resolve disagreements and disputes as and when they arise during the performance of a contract.

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Applications

Experts offer a means of finding the right person to make an independent assessment of every conceivable subject relevant to the business operations. Phoenix Legal experts include technical, financial, contractual issues and can be requested by contracting parties. Expertise can be used to support amicable resolution of a dispute or to settle a difference in opinion. It can do no more than remove uncertainty about a set of facts. If the parties so seek then findings can be made binding. Phoenix Legal experts may be used during litigation or arbitration: -

• Technical or financial matters before contracting.
• Asset valuation for merger of takeover purposes.
• Price re-evaluation in long-term contracts.
• Legal scope of cross border technology transfer agreements.
• Engineering tests and evaluation reports on product quality or building projects.
• Industrial plant conformance with specifications.
• Factual reporting during plant construction or maintenance.
• Expert witness testimony.
  
  

Proposal for an Expert

Phoenix Legal provides the expert's name that is considered suitable for the case. The requesting party, to parties accept or reject the proposed expert .

Alternatively, a Party independently, or disputing Parties jointly submit the name of their Expert to Phoenix Legal and the Association contacts and administer the determination process, schedule and correspondence, including the report deliver.

Appointment

A person or legal body may be appointed as the expert. Phoenix Legal provides the expert's name suitable for the case. The parties accept the appointment. Case management is by a single expert with responsibility for conformance and reporting according to the brief, which is approved by all parties and includes the draft and final report conditions. The expert is an independent authority.

Administration

Phoenix Legal appoints the expert and monitors the proceedings from start to finish.

The Expert's Report

The expert's brief is first approved by the party or parties requesting the expertise. The expert's task is to make findings after hearing party representations. The expert can submit recommendations to the parties only if an agreement authorises such submissions. In the case of non-agreement between parties the expert's report is not binding upon either party.

Expert Report Notification

Phoenix Legal is notifier of the expert's report delivery.

Evidentiary strength of the Expertise

The expertise's brief is to establish the facts in a report. The report is not binding on the parties, unless agreed by the parties, as distinct from arbitration . Generally expert opinions are not binding upon court judges or arbitrators. Parties can contract recourse to expert opinion using agreed contractual trigger mechanisms to avoid conflict and confusion

Application

Phoenix Legal experts can be used and are applicable to domestic and international business private and public companies, government departments and industry associations.

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Benefits

• Save Money and Time - Resolve matters quickly and reduce legal and administrative costs.
• Build Relationships - Improve relations with business partners, clients, and commercial stakeholders.
• Prevent conflict escalation by improving communication.
• Improve Business - Produce solutions to disputes allowing business to continue.
• Avoid Disputes - Avoid or reduce the recurrence of disputes by identifying how and why they arise.
• Reduce Stress - Reduce pressure on staff dealing with disputes by providing essential skills.
• Reduce negativity and management distraction.

International Panels of Experts

Phoenix Legal's expert facilitators are available for major substantive areas. Complex matters are facilitated using standardised rules modified by caseload for bi-party neutrality and due process:

•  Finance.

•  Construction.

•  Industrial relations.

•  IT.

•  Insurance.

•  Accounting.

•  Law.

•  Planning and environmental matters.

•  Franchise.

•  Domestic and international disputes.

•  Quality assurance.

•  Ongoing evaluation of managed facilitation and processes.

Foresight

Phoenix Legal Expertise offers a clear choice for resolving unforseen disputation resolution by using a proven, amicable, contractual process of expert intervention, so as to maintain uninterrupted business flow as opposed to alternative costly, disruptive litigation, while maintaining good will, agreement and trust.

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(*Asia Pacific Expertise for Conflict Resolution Centre of APEC University (www.apecuniversity.com))