Kendall on Expert Determination

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Description
Now in its fifth edition, Kendall on Expert Determination looks at the process of submitting differences or disputes to a third party decision-maker has not been appointed by the parties as an arbitrator. Kendall on Expert Determination remains the only text exclusively written on the subject and has been referred to and endorsed in court judgements. The book discusses the procedure followed in an expert determination, and the status and enforceability of the of the decision which is reached. The book also covers international use, explaining the pitfalls with regard to cross-jurisdictional issues and enforcement. Whether you area party to a commercial contract, a barrister, a solicitor or a professional acting as an expert, this title will ensure that you gain a clear and practical working knowledge of expert determination. The fifth edition consider cases decided by the courts since the last edition was published in 2008.
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Contents
1    Introduction
2    Land
3    Valuation and Sales of Businesses and of Shares in Private Companies
4    Uses of Expert Determination in Business and industry
5    Construction Contracts and Interim Determinations
6    Disputer Resolution
7    The Expert Determination Clause
8    Qualifications of an Expert
9    Appointing and Expert
10  Acting as an Expert
11   Jurisdiction of the Expert
12  Procedure for the Reference
13  Enforcing the Decision
14  Challenging the Decision
15  Rights and Duties of Experts
16  Arbitration is Different
17  A Third Category
18  Expert Determination in Other Countries
Appendices
A.    Precedents for an Accountancy Expert
B.    Appointment of Arbitrators by the President of the Law Society: Guidance Notes and Application Forms
C.    Rics Rent Review Request for Appointment of Arbitrator or Independent Expert
D.    Precedent for Claims Tribunal for Company Voluntary Arrangements
E.    CEDR's Model Expert Determination Agreement  and Guidance Notes
F.    List of Appointing Authorities
G.    Glossary
H.    Further Reading
Index
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Author Details
Clive Freedman is barrister at 3 Verulam Buildings, Gray's  Inn and has contributed since the 3rd edition. He is Chartered Arbitrator and a CEDR Accredited Mediator, and is a Fellow of the British Computer Society and a Trustee of the Society for Computers & Law.
James Farrell is a partner in the litigation and arbitration division at Herbert smith Freehills LLP and was a contributor to the 4th edition. He has extensive experience of commercial disputes in the High Court and appellate court, as well as in arbitrations, mediations and export determination.
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