Aruna Sarwar

Under the terms of my development agreement, any dispute is to be referred for expert determination. If the expert incorrectly decides against me, can I challenge their decision in court?

27 February 09

It would depend on which way the expert is ‘incorrect’. You might be surprised to learn that if parties to a contract have agreed to be bound by an expert’s determination, and have not included provisions to allow a challenge, generally the court will not intervene.