Kendall on Expert Determination, 5th Edition

Kendall on Expert Determination, 5th Edition

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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