Expert determination is a contractual dispute resolution process whereby parties submit a dispute to a third party (usually a person with specific technical or other expertise). The determination of the expert is generally binding on the parties unless they agree otherwise. GLOMAC expert determinations are conducted in accordance with the GNAAP Rules on Expert Determination or any other rule agreed by the parties.
Filing of Case:
GLOMAC shall be provided with three copies of statement of claim together with expert determination agreement (if any) setting out:
a. the nature of dispute;
b. how the dispute arose; and
c. the remedy sought
Fees:
i. GLOMAC case filing fee (non-refundable) and administrative fee must be paid for the matter to proceed.
ii. Generally administrative fees (accountable) are payable by the two parties, although one may offer to pay the whole amount for the matter to move forward.
iii. An initial deposit shall be paid jointly by the parties before the commencement of the arbitration after selection of the expert(s).
Notice to parties:
a. Any notice, including a notification, communication or proposal, is received if it is physically delivered to the addressee or if it is delivered at the addressee’s habitual residence, place of business or mailing address, or, if none of these can be found after making reasonable inquiry, then at the addressee’s last-known residence or place of business and notice is deemed to have been received on the day it is delivered.
b. A notice required to be given may be given by telephone, WhatsApp, e-mail or any other means of electronic communication.
c. A notice given through telephone or any other verbal mode permitted shall be confirmed in writing which shall state the names, addresses (including e-mail addresses) and telephone numbers of the parties.
d. Failure to confirm a notice in writing does not invalidate the proceedings.
Selection of Experts:
Provision of Panel: Based on the materials provided by the parties, GLOMAC will provide the parties with a list of experts, including copies of their CVs and information relating to their fees.
Parties list of preferences:
Within seven days of receiving above information, the parties separately provide GLOMAC with a list setting out their order of preference with respect to the proposed experts. Any concerns about unsuitable candidates may also be expressed to GLOMAC at this point. The appointment of an expert is at GLOMAC is absolute discretion.
Selection:
If a preferred expert can be identified from the list provided by the parties then GLOMAC will most likely appoint that person. If the parties fail to identify a preferred expert, GLOMAC will follow another agreed method of appointment if any. If no alternative method is agreed, within a reasonable time, GLOMAC will in its absolute discretion, appoint the expert.
Appointment:
GLOMAC will confirm the appointment to the expert and the parties. The parties will be requested to make payment of an initial deposit, within 14 days of the provision of the appointment
Determination Process:
The party and expert will also be required to execute an Expert Determination Agreement to guide the process.
The process for the expert determination will be agreed by the parties and expert.
Submissions:
In many cases, parties will make separate or joint submissions to the expert, and there may be a right of reply.
Meeting:
If the expert considers it necessary or desirable, the expert may direct the parties to attend a meeting at a time and venue that is convenient to both parties. The parties are entitled to legal representation at any meetings and at the expert determination.
Directions: The expert may give direction as to the procedure that will be followed in the expert determination and timetable for the provision of documents and submissions.
Closure:
Determination: The expert may make a binding determination on the matters in dispute on the basis of the information received from the parties and the experts own expertise, and in accordance with the law and GNAAP rules. The parties may also require the expert to provide written reasons for the determination.