----- Original Message ----- From: Jussi-Ville Heiskanen To: Wikipedia mailing list Sent: Saturday, December 06, 2003 1:46 AM Subject: Re: [Wikipedia-l] Expert Determination anyone?
On Sat, 2003-12-06 at 06:49, Alex R. wrote: From: Jussi-Ville Heiskanen
<..smip..>
Well yes, it helps define what I wasn't talking about ;-)
I guess I was thinking more on the lines of expert determination like that in cases where a contract itself says that in case of a dispute an independent expert is brought in, and produces a binding evaluation.
Sorry, but you did not understand what I wrote if you do not think that this category is not included in arbitration. I am talking about arbitration from ancient Roman times down to modern international commercial arbitration. I am covering your very narrow example with many different possiblities of contracts. Yours is clearly included in the general discussion. Of course I have not Capitalized Words to make them sound important, but when you are talking about a phenomenon that has spanned thousands of years and involves many different cultural expressions you cannot sum everything up so that it is understood through one particular cultural expression of such a social activity.
If you carefully reread what I previously wrote you will see that it includes your example. Clearly a binding evaulation is included in the various possible scenarios and it depends, as you state, on the contract since arbitration is a contract it can be determined by the will of the parties. They can put in anything they want. They can say, let us toss a coin and if the coin lands head you win, if tails, I win. If it stays on its side, well, we will get another coin. This is exactly what I said and that is all you have said about "experts". I have tried to put them in more context so that people can see that it is not so simple as just this minor example of the roles that experts can play in contractual decision making. Excuse me for trying to be so encyclopedic. Isn't that what we do here?
Just think about it clearly before you decide that I haven't answered your question.
Alex