Kendall on Expert Determination

Description

Now in its fifth edition, Kendall on Expert Determination looks at the process of submitting differences or disputes to a third party decision-maker has not been appointed by the parties as an arbitrator. Kendall on Expert Determination remains the only text exclusively written on the subject and has been referred to and endorsed in court judgements. The book discusses the procedure followed in an expert determination, and the status and enforceability of the of the decision which is reached. The book also covers international use, explaining the pitfalls with regard to cross-jurisdictional issues and enforcement. Whether you area party to a commercial contract, a barrister, a solicitor or a professional acting as an expert, this title will ensure that you gain a clear and practical working knowledge of expert determination. The fifth edition consider cases decided by the courts since the last edition was published in 2008.
Contents
1 Introduction
2 Land
3 Valuation and Sales of Businesses and of Shares in Private Companies
4 Uses of Expert Determination in Business and Industry
5 Construction Contracts and Interim Determinations
6 Dispute Resolution
7 The Expert Determination Clause
8 Qualifications of an Expert
9 Appointing an Expert
10 Acting as an Expert
11 Jurisdiction of the Expert
12 Procedure for the Reference
13 Enforcing the Decision
14 Challenging the Decision
15 Rights and Duties of Experts
16 Arbitration is Different
17 A Third Category
18 Expert Determination in Other Countries
Appendices
A. Precedents for an Accountancy Expert
B. Appointment of Arbitrators by the President of the Law Society: Guidance Notes and Application Forms
C. Rics Rent Review Request for Appointment of Arbitrator or Independent Expert
D. Precedent for Claims Tribunal for Company Voluntary Arrangements
E. CEDR’s Model Expert Determination Agreement and Guidance Notes
F. List of Appointing Authorities
G. Glossary
H. Further Reading
Index