“Manifest error” and expert determinations – a high bar
“Manifest error” is a concept that often arises in expert determinations. Many commercial contracts provide for the resolution of a dispute by expert determination, rather than a Court determination. These clauses often contain a carve-out which refers to “manifest error”. That is, unless “manifest error” can be demonstrated”, the expert determination is final and binding on the parties. Establishing manifest error is therefore potentially a way for a party to challenge the determination.
Scott Whitla
Peter Stokes
Jason Munstermann
Dominic McGann
Guy Humble
