Specialist determination
Application
This procedure applies where parties agree that a defined issue should be determined by an independent expert. It is suitable where specialist judgment is needed and the question can be clearly framed.
Appointment and independence
An expert is appointed after considering expertise, availability and conflicts. The expert must remain independent and may decline appointment if the issue is unsuitable for expert determination.
Issue definition
The parties should agree the question to be determined. If they cannot agree, the expert may settle the wording of the question after receiving short submissions from the parties.
Evidence and submissions
The expert may direct a timetable for submissions, supporting documents and any reply. Disclosure is limited to materials needed to determine the defined issue.
Determination
The expert issues a written determination, with reasons unless the parties agree otherwise. The determination is final and binding to the extent provided by the parties’ agreement.
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