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?

By Aruna Sarwar and Aruna Sarwar Aruna Sarwar 27 February 2009

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.

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