| 1. | What is the difference between an Expert Opinion and an Arbitration? |
| In an Expert Opinion the GMAA Expert answers a defined, abstract detailed question. This question usually relates to a technical problem (for example, from the area of shipbuilding or ship repair), or a nautical or legal issue. Under the German Civil Code (§ 317 BGB) parties are free to instruct a third party – the Expert - to determine the specifics of a performance. By contrast, the arbitration tribunal decides if a claim is founded or not. In arbitration a dispute is decided whereas in an Expert Opinion a decision is made on an isolated preliminary issue of fact or law. | |
| 2. | What is the difference between an Expert Opinion and a Project Adjudication? |
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A GMAA Expert is normally only called and instructed when the problem has occurred and needs swift clarification. By contrast, adjudicators are instructed at the onset of a project; they accompany it, so that they can step in and resolve the (technical) problem whenever one arises. |
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| 3. | Are the Expert’s findings and conclusions binding on the parties? |
| Basically, yes, unless they are "manifestly unfair" (§ 319 BGB). | |
| 4. | When would it be useful to agree an Expert Opinion? |
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For example, Expert Opinions are frequently included in the following contracts:
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Arbitration Association