04 - Neutral and Expert

Question 1

Early Neutral Evaluation

WHAT

Answer 1

Evaluative Process
NOT Determinative
Voluntary
Non Binding

Question 2

Evaluate

WHAT

Answer 2

Legal Merits
Facts
Evidence
Remedies
=> Recommendation
Likely Outcome

Question 3

Evaluation

WHEN

Answer 3

ANY Stage
Contract Clause
Request

Question 4

Evaluator

WHO

Answer 4

ADR Provider
Expert = Expert Evaluation
Lawyer
Judge

Question 5

Evaluator

Qualities

Answer 5

Neutral
Expertise
Experience
Available
Cost

Question 6

Evaluator

Role

Answer 6

Evaluate

MAY Investigate = Facts Finding; Forensic Analysis

Question 7

Early Neutral Evaluation

Agreement Terms

Answer 7

Parties
Evaluator
Timetable
Venue
Procedure
Issues
Documents
Information
Recommendation
Costs; Signature

Question 8

Early Neutral Evaluation

Procedure

Answer 8

Consultation
Submissions = Oral; Written
Evaluate
MAY Investigate
Next Steps = ADR; Litigation

Question 9

Early Neutral Evaluation

Consultation

Answer 9

Issues
Documents
Information
Evaluator = Time Limits; Powers

Question 10

Early Neutral Evaluation

Recommendation Report

Answer 10

Evaluation = Law; Facts; Evidence; Remedies
Recommendation = Merits; Likely Outcome; Reasons

Question 11

Judicial Evaluation

WHAT

Answer 11

Evaluative Process
NOT Determinative
Voluntary
Non Binding

Question 12

Judicial Evaluation

WHERE

Answer 12

Commercial Court

Technology AND Construction Court

Question 13

Judicial Evaluation

WHO

Answer 13

Independent Judge

NO Involvement = Prevent Bias; Unless Consent

Question 14

Judicial Evaluation

Court MAY

Answer 14

Provide Evaluation

Indicate Likely Outcome

Question 15

Judicial Evaluation

Requirements

Answer 15

Party Agreement
Judge MUST Approve
MUST Aid Resolution

Question 16

Expert Determination

WHAT

Answer 16

Determinative Process
NOT Facilitative OR Evaluative
Binding

Question 17

Determine

WHAT

Answer 17

Legal Merits
Facts
Evidence
Remedies
=> Determination
Final Outcome

Question 18

Expert Determination

WHEN

Answer 18

Contract Clause

Request

Question 19

Expert Determination

Areas

Answer 19

Valuation = Construction

Technical Nature = Accountant; Engineer; Medical

Question 20

Expert Determination

WHERE

Answer 20

Professional Institute
Trade Body
ADR Provider
Direct

Question 21

Expert

Qualities

Answer 21

Neutral
Expertise
Experience
Available
Cost

Question 22

Expert Determination

Agreement Terms

Answer 22

Parties
Expert
Timetable
Venue
Procedure
Issues
Documents
Information = Confidential
Determination
Rights to Challenge
Costs / Signature

Question 23

Expert Determination

Procedure

Answer 23

Consultation
Submissions = Oral; Written
Determination
MAY Investigate
Next Steps = ADR; Litigation

Question 24

Expert Determination

Consultation

Answer 24

Issues
Documents
Information
Expert = Time Limits; Powers

Question 25

Expert Determination | Determination Report

Answer 25

``` Determination = Law; Facts; Evidence; Remedies Decision = Merits; Final Outcome; Reasons ```

Question 26

Expert Determination | Determination Instructions

Answer 26

Confidential Summary OR Detail Decision = Binding; Right of Appeal Reasons = Basis

Question 27

Expert Determination | Rights to Challenge

Answer 27

Grounds | Timescale

Question 28

Expert Determination | Court Approach

Answer 28

Uphold Contract Clause | NO Other Recourse to Resolve

Question 29

Expert Determination | Court Approach Requirements

Answer 29

Contract = Clear; Certain Clause MUST = Issue; Jurisdiction; Binding Expert = Instructions; Honest; Good Faith

Question 30

Expert Determination | Compliance Failure

Answer 30

Breach of Contract | Court Direction = Compliance

Question 31

Expert Determination | Court Powers

Answer 31

Stay Proceedings | Enforce = Contract; Judgement

Question 32

Expert Determination | Stay Considerations

Answer 32

Overriding Objective Contract ADR Appropriate Costs

Question 33

Expert Determination | Grounds to Challenge

Answer 33

Legal Grounds | Contractual Grounds

Question 34

Grounds to Challenge | Legal Grounds TYPES

Answer 34

Expert NO Jurisdiction Expert Departure from Instructions Fraud OR Collusion

Question 35

Grounds to Challenge | Contractual Grounds MUST

Answer 35

Clause to Challenge | Reason = Expert Exclusive Remit to Determine

Question 36

Grounds to Challenge | Contractual Grounds TYPES

Answer 36

Error of Law Manifest Error NO Reasons = Decision

Question 37

Grounds to Challenge | Manifest Error

Answer 37

Obvious Easily Demonstrable Beyond Reasonable Contradiction

Question 38

Grounds to Challenge | Challenge Procedure

Answer 38

Part 23 Procedure = Proceedings Issued Part 8 Procedure = Proceedings NOT Issued MUST Evidence of Grounds