| Commentary

109 Agreement to appoint an expert

| Commentary

109 Agreement to appoint an expert

The agreement to appoint the expert1 will state the parties’ agreement to be bound by the expert’s determination and also the basis upon which the expert will reach and render his determination. The expert’s powers are all derived from the contract by which he is appointed, including any standard-form procedural rules for expert determination such as those published by CEDR or the ICC2, that have been adopted and incorporated by reference in that contract. In some cases, where the parties’ expert determination clause does not set out a procedure and does not adopt any

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial