Commentary

110.7 Deviation from stipulations in the parties’ contract

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)

110.7 Deviation from stipulations in the parties’ contract

110.7 Deviation from stipulations in the parties’ contract

An expert’s determination may be subject to challenge if it has not been made in accordance with stipulations contained in the parties’ contract. Successful challenges have been brought in circumstances where the formal steps for appointment of the expert were not properly followed1, and where the expert’s determination did not accord with a particular form specified in the contract2.

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