Introduction

Expert determination is a specialist form of alternative dispute resolution. It is most often used where a technical dispute arises that requires a specific expertise to resolve. As such, it is relatively quick and cost-efficient. Expert determination provisions usually provide that the parties are bound by the determination save in circumstances of manifest error in the determination. To establish a manifest error, it is not enough for a party to show that their position is correct. That party must show that the expert’s position is obviously wrong. The precise meaning of manifest error depends on the particular contract and…