Expert determination - riding the crest of the new wave

We've seen in the first article of our dispute resolution series that there is a difference between administrative issue resolution and mature dispute resolution in project related disputes.

In this article, we consider expert determination (ED), which started life as an administrative issue resolution process but has begun evolving. The lines have become blurred, with some project participants using ED as a de facto mature dispute resolution prorcess, occupying a space in the dispute resolution spectrum more traditionally filled by arbitration. The crux of the modern debate about the role and nature of this new wave of ED centres upon the practical and legal dimensions of the blurring of the lines between ED and arbitration.