Expert determination is a process where an independent expert is appointed, by agreement of the parties, to decide on (a) specific issue(s) within their expertise. It is particularly suited to construction and engineering disputes relating to valuation or where the dispute is purely technical in nature.

How Expert Determination works

The parties must agree to use expert determination in their contracts or by agreement following a dispute arising. It typically works on a more informal and expeditious basis than broader processes such as arbitration or litigation, and there is not normally a requirement to prepare pleadings, cross examine witnesses or conduct hearings.

Like an arbitrator, an expert determiner can make investigations independently of the parties, but does not always refer back to the parties before making the decision. The expert’s decision is usually binding unless otherwise agreed by the parties.

Expert determination may be used on a stand-alone basis or in connection with an arbitration, mediation or litigation.

Our Expert Determiners

Examples of cases where our dispute resolvers have acted as expert determiners include:

• £10m dispute between an investment company and developer concerning completion issues on the purchase of a 700 unit residential development (Bespoke agreement)
• Dispute between a developer and funder concerning a residential developer involving an alleged failure to remedy defects
• Dispute between a European firm of engineers and UK hotel group concerning the value of services provided
• Dispute between a seller and purchaser of a brownfield site concerning the question of whether allegedly contaminated land had been remediated