| Commentary

264 Proceedings

| Commentary

264 Proceedings

Subject to the terms of any contract, the third party appointed by the parties has power to determine the procedure he or she will undertake to decide the issues and to direct the payment of costs. There is no statutory framework which regulates appeals from third party determinations, however third parties who are appointed for these purposes owe a duty of care to the parties, which if breached may enable the parties to bring an action in negligence against the third party.

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