Expert Determination Services

Expert determination is a procedure in which a dispute or a difference between the parties is submitted, by agreement of the parties, to an expert who makes a determination on the matter. The determination is binding, unless the parties agree otherwise.

Notable features of expert determination are:

Expert determination is consensual

Expert determination can only take place if both parties have agreed to it.

The parties choose the expert(s) with relevant expertise who must be neutral

The parties may select an expert (with appropriate qualifications) who must be neutral and have no financial or other interest in the outcome of the determination.

Expert determination is a confidential procedure

Subject to specifically defined exceptions, the very existence of the expert determination, any disclosures made during that procedure, and the resulting determination remain confidential.

The determination of an expert is binding, unless the parties agree otherwise

In principle, the determination of an expert is binding and as such it has contractual effect between the parties. Alternatively, by party agreement, the determination may have effect purely as a recommendation to the parties.

Expert determination is a flexible procedure

Expert determination can operate on a more informal and expeditious manner than broader processes such as arbitration and may be used on a stand-alone basis or in connection with an arbitration, mediation or court case.

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