Experts Gone Wrong

In contracts, it is not uncommon to include a dispute resolution mechanism in order to deal with any issues between the parties, particularly if a long relationship is envisaged.

These usually provide for a staged process, escalating disputes up to the management of both parties for resolution, failing which either party can refer the matter to an independent third party process for determination. Referral to an expert is a popular choice and considered more time and cost effective than either arbitration or litigation.

The experts determination is generally binding and the grounds for setting it aside are limited and successful applications to set aside are relatively unusual. However what happens when the expert gets it wrong, is there any recourse?