Not every high-value commercial dispute needs to end up before a judge. Where a disagreement turns on a technical, accounting or valuation issue, expert determination can provide a more focused way of reaching an outcome.
The process is not new, but it continues to play an important role in complex commercial agreements. It is particularly useful where specialist knowledge is more important than extensive legal argument and where the parties want to resolve a defined issue without committing to lengthy court proceedings.
That role can be seen in current Queensland contracting. As an example, Powerlink – Queensland’s electricity transmission network – includes a detailed dispute resolution procedure in their Load Connection and Access Agreement template, under which certain unresolved disputes can progress from senior management to an independent expert. The agreement also addresses the expert’s qualifications, appointment, procedural rules and the circumstances in which a
