|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?|
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.
|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?|
For example, Expert Opinions are frequently included in the following contracts: