engleski

Expert Determination

Different forms of out of court dispute resolution comprise also the so called expert determination (or in English valuation, appraisal, French expert arbitrage, arbitrage contractuel, German Schiedsgutachten, Gutachten) as a method of resolving disputed facts and/or legal points of a dipsute with which the parties entrusted the third independent and impartial party. It is about the institute of dual nature (procedural and/or substantive) with relativly long tradition in some comparative legal systems (Germany, Switzerland, France, common law countries). Besides, certain internationally established arbitral tribunals (ICC, DIS) have laid down rules regulating expert determination. Since Croatia has almost no experience with expert determination application this paper aims at defeining the expert determintaion notion, presenting its main features, showing some comparative models and rules of some international arbitration bodies. The paper deals also with possibilities of expert determination appliciation in Croatia de lege lata and gives main guidelines of potential future development de lege ferenda.

expert determination; factual dispute issues; legal issues; non-binding effect; binding effect; preliminary binding effect

nije evidentirano