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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Secondhand & Out of Print

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Kendall On Expert Determination 5th ed isbn 9780414034266

Expert Determination 4th ed

ISBN13: 9781847030313
New Edition ISBN: 9780414034266
Previous Edition ISBN: 0421703008
Published: April 2008
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print

This work is renowned as the leading text on expert determination. This new edition explains the procedures involved in detail, examines the application of expert determination in a range of commercial sectors, and looks at all the practical issues involved such as tactics during a dispute.

It covers the many recent developments in the area, including the expert's risk of prosecution under the Proceeds of Crime Act 2002, the growing international use of expert determination, and how it is being used in new commercial sectors such as outsourcing and utilities.

  • The complete guide to an increasingly popular form of dispute resolution
  • Examines the use of expert determination in different commercial sectors – from rent review, the oil industry and construction to gas, rail, IT, outsourcing and joint ventures.
  • Discusses appointing the expert, his rights and powers, and jurisdiction.
  • Advises on the content of the expert clause in a contract.
  • Considers practical aspects, such as tactics when conducting a dispute.
  • Deals with enforcing and challenging the decision.
  • Analyses the impact of significant recent decisions such as Inmarsat Ventures PLC v APR Ltd and Thames Valley Power Ltd v Total Gas & Power Ltd
  • Provides useful forms and precedents, including an expert clause.
  • Covers cross-jurisdictional issues and similar dispute systems used in other major jurisdictions.
  • Shows how expert determination can be used alongside arbitration, mediation or litigation.

Arbitration and Dispute Resolution
Shares in private companies.
Sale and purchase of businesses andcompanies.
Other commercial applications
From valuer to expert.
Constructions contracts and interim determinations
Dispute resolution.
The expert clause.
Qualifications of an expert.
Appointing an expert.
Jurisdiction of the expert.
Procedure for the reference.
Enforcing the decision.
Challenging the decision.
Rights and duties of experts.
Arbitration is different.
A third category
International lssues.