THE ENFORCEMENT OF EXPERT DETERMINATION IN CONSTRUCTION DISPUTES: WHAT HAPPENS IF AN EXPERT GOES WRONG? PERSPECTIVES FROM VIETNAM, THE UNITED KINGDOM, AND AUSTRALIA
Abstract
Expert determination is an alternative dispute resolution mechanism in construction, where an independent and impartial expert is appointed to resolve technical or specialized issues. Due to the inherently complex and technical nature of construction disputes, expert determination is widely used to address matters such as engineering specifications, project delays, cost overruns, and the quality of materials. This is distinguished from non-binding forms as expert appraisals, expert assessments used along with the arbitral process. In practice, expert determination clauses have been mentioned since the Property Council of Australia Standard Form Contract, FDDC form 1999, or ICC Rules for the Administration of Expertise Proceedings 2015.
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