Case Studies

Expert Determination

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Cadogans is active in ADR (alternative dispute resolution) including Expert Determination. This adds to its established expertise in dispute resolution by litigation, arbitration, and mediation.

Expert Determination is a process for resolving disputes that has many advantages over the use of legal processes such as litigation. The parties appoint an independent expert who is knowledgeable on the issues. The expert assesses the evidence presented by the parties and decides how the dispute should be resolved. The evidence is normally in written form, but the expert may decide to have a more formal hearing. The expert is required to act impartially, allowing both parties to be heard and to respond to each other.

As well as being cheaper and quicker than traditional legal process, Expert Determination is more flexible, because the expert can choose procedures that suit the particular dispute. It also ensures that the decision is made by someone with relevant technical expertise. The process is confidential (protecting commercial sensitivity) and because Expert Determination is less adversarial than litigation or arbitration, it helps to sustain business relationships between the parties.

The expert's decision is normally final and binding unless the parties provide otherwise at the start.

Power Station example

In this case, Cadogans determined disputes between parties involved in the refurbishment of a large lignite-fired power station in Europe. The works comprised refurbishment of the power trains and ancillary equipment and installation of flue-gas desulphurisation plant.

The disputes concerned many of the engineering disciplines relating to power station construction. They included additional works and extensions of time.

There were several disputes to determine, with decisions being made based on written submissions. Although the parties had decided in advance that each determination could be appealed, in practice this never happened and the parties accepted each decision, sometimes reluctantly.

One advantage of using Expert Determination was that work on the power station could continue while the disputes were being determined.

Engineering Discipline

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