| Commentary

110.1 Overview of scope for challenge

| Commentary

110 Challenging an expert’s decision

110.1 Overview of scope for challenge

Generally speaking, expert determination is not subject to appeal. However, challenges to such determinations are nonetheless possible on certain narrow grounds1.

Expert determinations may be challenged in court proceedings or by arbitration, depending on the general dispute resolution clause in the parties’ contract2. Unlike arbitrators, experts frequently are not required to provide reasons for their determinations; in such circumstances, it will be particularly difficult to bring any challenge.

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