We regularly advise clients on the option of having disputes resolved through Expert Determination and Dispute Boards.
Expert Determination involves the parties agreeing to appoint an independent third party expert in a particular specialist or technical discipline to determine a dispute. Our lawyers have experience in drafting, negotiating and operating ad-hoc Expert Determination procedures in development agreements, agreements for lease and projects agreement. We can also advise on the standard Expert Determination procedures in the Government Standard Form Public Works and Public Private Partnership/PFI Contracts.
Dispute Boards or Dispute Adjudication Boards typically consist of a panel of experts and are usually formed at the time of creation of contractual relations between the parties before a conflict has arisen. The powers and ability to create binding decisions vary. We are well-versed in advising on bilateral and multi-lateral investment treaties and Dispute Board procedures to resolve contractual differences.
Our experience includes:
Acting for a Landlord on an expert determination of a rent review matter relating to retail units.
Acting for a Developer in exercising its rights under expert determination provisions in a development agreement relating to office buildings.
Acting for a Tenant in exercising its rights under expert determination provisions in a development agreement relating to a Distribution Centre.
Acting for a Tenant in exercising its rights under expert determination provisions in a development agreement relating to a city centre department store.
Department - Litigation & Dispute Resolution
'William Fry always delivers'.
Chambers Europe, 2012 - Dispute Resolution
William Fry provides ‘a practical yet innovative approach’.
Legal 500 EMEA, 2012 - Dispute Resolution
William Fry is applauded by its clients as being ‘top class’ and having ‘excellent depth’ to its team.
Legal 500 EMEA, 2011 - Dispute Resolution
Headed up by Owen O'Sullivan…the team..provides a "more rounded service than many other firms".
Legal 500 EMEA, 2010 – Dispute Resolution
Clients say the firm's handling of complex litigation is "outstanding in terms of support, guidance and advice", and also praise it for its "exceptional liaison with the market's top barristers".
Chambers Global, 2010 – Dispute Resolution
Department - Projects & Construction
Sources say: 'I rate the team's strategic advice – it is just super.'
Chambers Europe, 2012 - Projects
Sources say: 'The team's knowledge of the construction sector is first class. It has a great cross-section of expertise and I value the strategic advice we get.'
Chambers Europe, 2012 - Construction
William Fry’s ‘solutions-focused’ team provides ‘excellent service’.
Legal 500 EMEA, 2012 - Construction
William Fry has ‘in-depth knowledge’ in the project space.
Legal 500 EMEA, 2012 - Projects, Energy & Natural Resources
William Fry provides an ‘excellent service’ that is ‘delivered in a timely manner’ and works ‘to the highest standard’.
Legal 500 EMEA, 2011 - Construction
William Fry’s case list "has a strong non-contentious slant…Highlights included advising Chartered Land on the €1bn mixed-use Dublin Central Development, currently the largest scheme of its type in Europe. Other high profile clients include University College Dublin (UCD), Point Village Development and Tesco Ireland."
Legal 500 EMEA, 2010 - Construction
William Fry ‘holds a diverse team and can bring in relevant experience as required’ and response times are considered ‘considerably better than the rest’.
Legal 500 EMEA, 2010 – Projects, Energy & Natural Resources