For more technical disputes, expert determination is the preferred method of dispute resolution. We regularly advise clients across a wide range of industry specific sectors on the option of resolving their disputes through expert determination. This involves appointing an independent third party with particular specialist knowledge relevant to the subject matter of the agreement to be the determiner of any dispute that may arise. The expert determination is generally binding on the parties.
We regularly assist clients in drafting expert determination clauses which are commonplace in commercial agreements, being of particular use in technical or financial disputes where the parties require a swift evaluation to be carried out. The process of expert determination is generally quick, informal, and significantly cheaper than alternative methods of dispute resolution.
We have considerable experience advising on bespoke contractual expert determination procedures, particularly in relation to energy, projects and IT disputes and also in the Construction & Engineering industry. We have advised on expert determination procedures set out in public private partnership agreements and on ad hoc procedures entered into by agreement between parties themselves.