Expert determination is an alternative dispute resolution process whereby an independent third party, with recognised expertise in the subject matter in dispute, assists the parties to resolve the dispute. Expert determination can occur at any time in a dispute and often occurs before or instead of litigation.
Expert determination can offer the benefits of cost savings and shortening the length of hearings or trials. It is often provided for in contracts.
Expert determiners may be selected because of their legal expertise in a particular area of law that is relevant to the dispute at hand. They will be able to use their legal knowledge to resolve the issues involved in the dispute. Expert determiners may decide all issues between the parties, or a specific issue chosen by the parties. The decision may be binding or non-binding.
Anthony is registered as an expert determiner by Resolution Institute and has been nominated by the President of the Institute as an expert determiner.
He has also been appointed by parties to determine contractual disputes including as between shareholders and issues arising from Covid-19 related disruptions including force majeure.