Resolving a Dispute
What is Expert Determination?
Expert determination is a flexible alternative procedure for the resolution of disputes based upon the decision of an independent third party: the expert.
The participants agree beforehand to be bound by the decisions of an independent expert.
It is often the quickest and most effective way of resolving disputes which are relatively simple in content or are essentially technical in nature.
According to our Expert Determination Rules the role of the expert is summarised as follows:
1. The expert shall determine the dispute as an expert in accordance with these rules and according to law.
2. The participants agree that:
i) the expert is not an arbitrator of the matters in dispute and is deemed not to be acting in an arbitral capacity;
ii) the process is not an arbitration within the meaning of any statute.
3. The expert shall adopt procedures suitable to the circumstances of the particular case, avoiding unnecessary delay and expense, so as to provide an expeditious, cost-effective and fair means of determining the dispute.
4. The expert shall be independent of each participant, and act fairly and impartially, giving each participant a reasonable opportunity to put forward their case, as well as a reasonable opportunity to make submissions on the conduct of the process.