| Commentary

110.3 Manifest error

| Commentary

110.3 Manifest error

In the absence of an express provision to the contrary, even a determination that reflects a clear error on the part of the expert will not be subject to challenge, unless the expert has exceeded his jurisdiction or materially departed from his instructions1. For this reason, expert determination clauses commonly stipulate that the expert’s determination will be final and binding save in cases of ‘manifest error’2. The English courts have held that for this purpose, ‘manifest errors’ are confined to ‘oversights and blunders so obvious and obviously capable of affecting the determination as

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