asiantuntijamenettelyä

Asiantuntijamenettelyä, often translated as expert procedure or expert determination, is a method used in various fields, particularly in legal and commercial contexts, to resolve disputes or make decisions through the input of one or more independent experts. This process is characterized by the reliance on the specialized knowledge and judgment of the appointed expert(s) to provide a binding or advisory outcome. It is distinct from traditional litigation or arbitration in that the focus is less on adversarial presentation of evidence and more on the expert's objective assessment.

The application of asiantuntijamenettelyä can be found in areas such as contract interpretation, valuation disputes, technical disagreements, and construction claims. Parties typically agree to engage an expert to decide a specific issue, often as a more efficient and cost-effective alternative to court proceedings. The expert's mandate is usually clearly defined, outlining the scope of their authority and the questions they are to answer.

The procedure typically involves the expert reviewing documents, potentially conducting site visits or inspections, and sometimes hearing submissions from the parties. However, the extent of party participation is generally more limited than in other dispute resolution methods. The expert's decision, known as an expert determination, is usually final and binding, although the specific terms of the agreement may allow for certain avenues of review in exceptional circumstances. The neutrality and impartiality of the expert are paramount, and they are expected to act independently of the parties.