Can an Expert Determination determine Australian Competition and Consumer Law claims

In limited cases, an expert determination can determine the rights of the parties under the Australian Competition and Consumer Law Act.
The claims it can determine are inter parties claims which are to be determined pursuant to the written arbitration agreement.
Problems may arise where the appointment document is not clear and in particular misrepresentations are alleged and oral evidence is required.
It is notable that Expert Determination ordinarily does not and cannot include cross examination under oath (unlike arbitration).

Cases (for)

¹⁾ [2012] FCA 691

²⁾ [2005] VSC 203

³⁾ (1996) 39 NSWLR 160

⁴⁾ 473 US 614, 105 S Ct 3346 (1985)

⁵⁾ [1999] ECR 1-3055 (C-126/97)

⁶⁾ [2005] EWHC 2115 (Comm)

⁷⁾ [2006] FCAFC 192

⁸⁾ [2005] FCA 1102

⁹⁾ [2007] FCA 881