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ARTICLE · 12 MARCH 2013

Expert Determination

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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A recent judgment of the B.C. Supreme Court in Haisla Nation v. Bear Creek Contracting Ltd. illustrates the importance of clearly distinguishing between expert determination and arbitration in commercial agreements.

CanadaLitigation, Mediation & Arbitration
Joe McArthur
Joe McArthur
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A recent judgment of the B.C. Supreme Court (the Court) in Haisla Nation v. Bear Creek Contracting Ltd. illustrates the importance of clearly distinguishing between expert determination and arbitration in commercial agreements.

Expert determination clauses are found in many agreements and are generally meant to provide a relatively simple way of resolving discrete technical, accounting or scientific matters. The matters covered by expert determination clauses vary among different industries and commercial relationships. While expert determination can be an efficient means of resolving certain discrete technical issues by an independent decision-maker, it is not the same as the arbitration of a dispute.

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