ArtResolve : Confidential and effective resolution of disputes about works of art : Expert Determination

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Dispute Resolution by Expert Determination

Informal route to a binding result - No challenge - Suitable experts - Fees - Do you need lawyers? - Expert investigations - International cases

INFORMAL ROUTE TO A BINDING RESULT

Expert determination leads to the expert imposing a binding decision on the parties. The process by which the decision is reached is informal. Expert deterination is best used where there is no conflict of factual evidence, and where the issues are of expertise and/or of law.

NO CHALLENGE

Under ArtResolve's rules, parties may not challenge the expert determination until after the decision has been made. No reasons are provided in the decision unless this has been agreed in advance with the expert. ArtResolve's rules give the expert the power to award interest where appropriate. The parties agree to implement the decision within seven days. A decision is final and binding and can be challenged only on very limited grounds arising from its fundamental validity, and not from differences on issues of fact, law or professional opinion.

SUITABLE EXPERTS

ArtResolve appoints one or more of its experts to decide the dispute, choosing the expert with the most appropriate professional background. In appropriate cases ArtResolve recommends the appointment of a tribunal of two experts, specifying which is to have the casting vote. A pupil may work with the expert(s) with the parties' permission.

FEES

The expert's fees are for agreement between the expert and the parties and subject to approval by ArtResolve. The fees have to be paid in advance of delivery of the decision, and the parties may share that cost equally or in the proportion directed by the expert.

DO YOU NEED LAWYERS?

ArtResolve recommends that parties instruct lawyers to represent them in an expert determination.

EXPERT INVESTIGATIONS

The expert establishes the procedure, with the agreement of the parties if possible, but the expert can impose a procedure without their agreement. The expert's decision on the dispute is final and binding on the parties. Usually the expert makes the decision from written submissions or meetings without a formal hearing. The expert may make investigations, and reach the decision based on those investigations, without referring back to the parties.

INTERNATIONAL CASES

In international cases agreement should be reached if possible on the language of the expert determination and the legal system for enforcement. If these are not agreed the expert determines the language. If there is no agreement about enforcement the system should not be used.

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