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3 J. Int'l Trade L. & Pol'y 3 (2004)

handle is hein.journals/jitlp3 and id is 1 raw text is: JOURNAL OF INTERNATIONAL TRADE LAW & POLICY EXPERT DETERMINATION: A SUITABLE DISPUTE RESOLUTION TECHNIQUE FOR OFFSHORE CONSTRUCTION PROJECT DISPUTES? PART II. Margaret J Hughes* ABSTRACT There is a current perception that dispute is an unavoidable feature of any contract for the construction or conversion of offshore units. Allocation of design responsibility amongst several parties, coupled with vessels' increasing technological complexity and the tight timeframes within which building work must usually be completed, provide fertile ground for disputes to develop. Contracting parties therefore normally make contractual provision for a means of resolving any dispute which might arise. This article, which has been published in two parts, considers the suitability of expert determination - the means by which parties to a contract jointly instruct a third party to decide an issue in a manner not subject to the laws of arbitration - for resolution of the particular types of dispute arising in offshore construction. Part 1 of this article set the analysis in context by firstly examining the nature of a typical offshore construction contract. The particular contractual features that influence the development of disputes were outlined, and consideration was given to the wider factors affecting the selection of an appropriate dispute resolution process. Traditional approaches within the offshore industry to choice of dispute resolution mechanism were then examined together with current pressures which are today, encouraging the use of alternative dispute resolution methods. Finally, the key features of expert determination were identified and the growing use of the technique was briefly reviewed. Part 2, below, focuses on the effectiveness of expert determination for resolution of offshore construction project disputes. Enforcement of a contractual agreement to use expert determination and enforcement of an expert's eventual decision are both analysed, and the grounds on which an expert's decision may be subject to challenge are also investigated. The article concludes with an overall assessment of the suitability of the technique for resolution of offshore construction project disputes. *MA (Hons), MBA, LLM. Part I of this article appeared in Volume 2, issue 2. 3 VOLUME 3 NO. 1 JUNE2004

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