Chartered Surveyors and Commercial Property Agents on the Isle of Wight & South Coast

EXPERT WITNESS & ARBITRATION

Gully Howard Chartered Surveyors accept instructions as Arbitrator or Expert Witness in all matters within their field of professional competence. The procedures and duties for both Arbitrators and Independent Experts are in some respects the same. The main differences may be summarised as follows:

Independent Expert

  1. There is no legislation governing the appointment or conduct of the Independent Expert.
  2. The Independent Expert has the duty of investigation to discover the facts, though he may receive evidence of facts from the parties.
  3. The Independent Expert must base his determination upon his own knowledge and investigations.
  4. The Independent Expert has no power to make any orders as to fees or costs unless such power is conferred on him by contract agreement between the parties.
  5. There is no right of appeal against the Determination of an expert, though in some circumstances the Court might set it aside.
  6. Liability - The Independent Expert is liable in damages for any losses sustained by a party through his negligence.

Arbitrators

  1. The process of arbitration is subject to certain rules set by statute in the Arbitration Act/s.
  2. The Arbitrator acts only on the evidence and arguments submitted to him. He is able to take the initiative in ascertaining facts and the law. He is expected to use his expertise in assessing the relevance and quality of evidence.
  3. The Award of the Arbitrator must lie between the extremes contended for by the parties.
  4. The Arbitrator can order one party to pay all or part of the Arbitrator;s fees and all or part of the other party's fees. He can also determine those fees and costs.
  5. There is some limited right of appeal against the Award of an Arbitrator on a point of law.
  6. Duty - The primary duty of the Arbitrator is to obtain the fair resolution of disputes by an impartial tribunal. The Court should not generally intervene.

If you require advice or guidance on the topics of Arbitration or Independent Expert Witness matters, please contact Shaun Woolford or Jamie Whittle on 01983 822555.