Anglo American Metallurgical Coal Assets Pty Ltd v
Middlemount South Pty Ltd [2019] QSC 211
Introduction
Expert determination is a form of alternative dispute resolution
process by which an independent expert is appointed to decide a
dispute that has arisen between parties to a commercial
contract.
Unlike arbitration, the expert determination process is governed
by the contract and not supported by legislation or the rules of a
particular arbitration body. Typically, the contract will set out
inter alia, the type of expert to be appointed, how the expert
determination process is to be conducted and how the determination
outcome is to be expressed. The powers granted to the expert are
entirely dependent on contractual provisions.
