ABSTRACT

The energy and computer industries are obvious examples: applications of expert determination in the energy and computer industries are set out. There are many new technologies, and expert determination may be appropriate to many more applications than these instances”. When the expert becomes an adjudicator, then the process of expertise itself begins to resemble more closely that of arbitration. The increasing use of experts to resolve disputes once they have arisen can be seen in some of the major international constructions projects carried out in recent years. In the Channel Tunnel project, for example, any dispute had to be referred to the Panel of Experts and then, if either party so requested, to arbitration under the rules of the International Court of Arbitration of the International Chamber of Commerce. An expert who is highly qualified in one discipline may not necessarily be the right expert for a dispute which arises over the efficiency of the air traffic control system.