All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

The least accurate statement about an expert determination is:

C: An expert's determination may be challenged in a court of law.

Explanation:

A: An expert's determination does typically require that the dispute be referred to an independent third party. This is a key characteristic of expert determination.

B: An expert's determination is generally not enforceable in the same way as an arbitral award. While an arbitral award can be enforced like a court judgment, an expert's determination is often considered advisory and may not have the same legal weight.

D: An expert's determination is indeed not intended to bind the parties in the same way as arbitration or litigation. It is often used to provide a non-binding opinion or recommendation to assist the parties in resolving their dispute.

E: It is common for an expert not to be required to give reasons for the determination. Expert determinations are often chosen for their specialized knowledge in a particular field, and their role is to provide a decision based on their expertise, rather than a detailed explanation of their reasoning.

So, option C is the least accurate statement because an expert's determination is generally not intended to be challenged in a court of law. Instead, it is meant to be a mechanism for parties to obtain an expert's opinion to assist in resolving their dispute, and it may not have the same legal status as a court judgment or arbitral award.