Tozers LLP

This Practice Note provides guidance on when you can challenge an expert’s determination and when you can set aside an expert determination. It does so in the context of mistakes of fact, mistakes of law, departing from instructions, failure to give reason and the failure to follow the rules of natural justice and bias.

This Practice Note explains expert determination for technical or contract interpretation disputes. It defines expert determination and considers the agreement between the parties for choosing/appointing the expert. The expert’s jurisdiction and the binding nature of the decision given are explored and the procedure, limitation and claims against experts are also covered.