Publications

Challenging a Third-Party Expert Determination

Year of Publication: 2019
Month of Publication: 9
Author(s): Djakhongir T. Saidov
Research Area(s): Admiralty/Maritime Law
Name of Working Paper Series:

NUS Law Working Paper

WPS Paper Number: CML-WPS-1906
Abstract:

This paper analyses the process known as a ‘third-party expert determination’ (ED), where, by virtue of an ED clause in the contract, the parties agree to refer an issue, difference or dispute to an expert, whose decision is final and binding on them. In particular, it examines the validity of the oft-repeated proposition that the grounds for challenging ED are very limited, and argues that this oversimplifies the true state of the law, and that ideas of freedom of contract and party autonomy are insufficiently implemented in the law on ED. This paper proposes solutions that promote finality, which is vital to the effectiveness and reliability of the ED process, and that restrict room for judicial interference. Further, the paper demonstrates the increasing complexity of the law on ED and advocates approaches that are conducive to greater legal certainty.