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Expert Determination ... bite size


Expert determination is a form of alternative dispute resolution which you often see in commercial leases. 

The parties jointly instruct and make written submissions to a third party (i.e. a judge or surveyor). The parties agree in advance whether the decision of the expert is going to be binding. 

The decision of the expert cannot generally be appealed by it can sometimes be challenged where the expert has departed from their instructions. 

Advantages of expert determination: 

  • binding process
  • voluntary process
  • decision can be obtained quickly and
  • written submissions are not onerous.

Disadvantages of expert determination: 

  • decision cannot be enforced as a court judgment
  • selection of agreed expert and the limits of his instruction can be problematic

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