Expert Determination Chambers
Expert Determination Chambers (EDC) is a “virtual” Chambers of barristers with specialist skills in complex technical, engineering and construction (TEC) disputes. The members of EDC are independent barristers who practise in construction law at the Victorian Bar. Each of them is also a qualified engineer with many years of engineering experience prior to their admission to the Supreme Court of Victoria.
In addition to their practice as counsel, the members of EDC are each accredited arbitrators who have conducted a number of arbitrations and expert determinations. They are very familiar with modern techniques of using expert evidence in court or arbitrations, and have acted as independent facilitators assisting experts in conference to prepare a joint report.
The members welcome direct enquiries to discuss how they can assist as independent ADR neutrals in expert determinations, arbitrations, mediations or facilitation of expert conferences in disputes that are complex technically. They are able to assist parties in preparing a dispute resolution agreement tailored to their specific needs and the requirements of their specific dispute.
An independent impartial Expert is engaged by the disputing parties to determine those disputed questions of fact and/or law in the reference defined by the parties. The Expert makes a determination on an assessment of party submissions and relevant evidence provided to him/her. An expert determination usually does not require that the parties be afforded procedural fairness. Accordingly a hearing at which witnesses give evidence and are available to be cross-examined may not be implemented.(Read More)
Complex technical and construction disputes invariably involve experts, sometimes in significant numbers and covering a range of disciplines, often at great cost. A Facilitator who can understand the technical issues discussed by the experts can assist them to articulate their positions, and express them in a way that is most helpful to the dispute Tribunal. An independent Facilitator may also provide a check that the language used by the technical experts in the joint report is readily understandable to laypersons. (Read More)
A Dispute Board comprises a panel of one or three suitably qualified and experienced independent persons appointed under the contract to provide a speedy and cost-effective resolution of a dispute referred to it. A Dispute Board decision on a dispute is generally accepted by the parties, and avoids the need for arbitration or litigation. The members of a Dispute Board need to be relevantly experienced in the type of project under construction, and have a thorough understanding of legal and contractual issues. (Read More)
The Application of Contracts in Engineering and Construction Projects
© 2018 – Informa Law 424 pages
For more information and to order visit:
- Dispute Resolution
- Arbitrations and expert determinations
- Independant facilitators
- Preparation of joint reports
- Expert conferences
- Specialists in complex technical, engineering and construction (TEC) disputes.