Commentary

110.2 Exceeding jurisdiction or material departure from instructions

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

110.2 Exceeding jurisdiction or material departure from instructions

| Commentary

110.2 Exceeding jurisdiction or material departure from instructions

The extent of an expert’s jurisdiction (its nature and scope) is determined by reference to the parties’ contract1. It must be decided in each case precisely what the parties intended the expert to determine2.

Expert determination clauses are generally drafted on the basis that certain types of matters will be referred to an expert and others will be referred to the courts or an arbitral tribunal3. An issue may arise as to whether a particular matter was properly referable to an expert rather than the courts or a tribunal under the terms of

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