Kendall on Expert Determination, 5th Edition

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Kendall on Expert Determination, 5th Edition

Author Clive Freedman, James Farrell
Publication Date 2014
ISBN 9789386374301
Format Hardcover
Publisher Sweet & Maxwell


This book is widely regarded as the definitive work on expert determination. This new edition delves into the procedures in depth, explores the use of expert determination in a variety of commercial sectors, and considers all of the practical difficulties, such as conflict tactics.

It discusses a number of recent advances in the field, such as the rising international use of expert determination and how it is being applied to a growing number of business sectors.

  • The employment of expert determination in many commercial sectors is examined, including rent review, the oil industry, and construction, as well as gas, rail, IT, outsourcing, and joint ventures.
  • The expert's appointment, rights and powers, and jurisdiction are all discussed.
  • Provides advice on the content of a contract's expert clause.
  • When conducting a debate, considers practical elements such as strategies.
  • It is responsible for enforcing and challenging the decision.
  • Examines the consequences of recent key choices.
  • Forms and precedents are included, as well as an expert clause.
  • Covers cross-jurisdictional concerns and other key jurisdictions' dispute resolution systems.
  • The use of expert determination in conjunction with arbitration, mediation, or litigation is demonstrated.

TABLE OF CONTENTS of Kendall on Expert Determination, 5th Edition

Chapter 1 - Introduction
Chapter 2 - Land
Chapter 3 - Valuation and Sales of Businesses and of Shares in Private Companies
Chapter 4 - Uses of Expert Determination in Business and Industry
Chapter 5 - Construction Contracts and Interim Determinations
Chapter 6 - Dispute Resolution
Chapter 7 - The Expert Determination Clause
Chapter 8 - Qualifications of an Expert
Chapter 9 - Appointing an Expert
Chapter 10 - Acting as an Expert
Chapter 11 - Jurisdiction of the Expert
Chapter 12 - Procedure for the Reference
Chapter 13 - Enforcing the Decision
Chapter 14 - Challenging the Decision
Chapter 15 - Rights and Duties of Experts
Chapter 16 - Arbitration is Different
Chapter 17 - A Third Category?
Chapter 18 - Expert Determination in Other Countries
Appendix A - Precedents for an Accountancy Expert
Appendix B - Appointment of Arbitrators by the President of the Law Society: Guidance Notes and Application Form
Appendix C - Rics Rent Review Request for Appointment of Arbitrator or Independent Expert
Appendix D - Precedent for Claims Tribunal for Company Voluntary Arrangement
Appendix E - CEDR’S Model Expert Determination Agreement and Guidance Notes
Appendix F - List of Appointing Authorities
Appendix G - Glossary
Appendix H - Further Reading

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