[Wikipedia-l] Expert Determination anyone?

[Alex R.]

----- 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