The case also re-affirms several principles central to the operation of expert determination clauses: ● Expert determination is substantively distinct from arbitration - it is not a judicial process; ● Expert determination clauses may be too uncertain to be enforced where further agreement on initiating process or procedure is needed, or inconsistencies are not resolved; and ● The court may exercise its discretion to refuse to stay proceedings where the contractual expert determination mechanism is inappropriate given the nature of the dispute.
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End Notes [1] Coal Cliff Collieries Pty Ltd v Sijehama Pty Ltd (1991) 24 NSWLR 1
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