What is Expert Determination

Expert Determination Process

Expert determination is a legal procedure in which a dispute or a difference between the parties is submitted, by agreement of the parties, to one or more Domain Experts who make a determination on the matter referred.

Is Expert Determination decision binding?

The decision under Expert Determination is binding, unless the parties agreed otherwise.

Is Expert Determination consensual?

Expert determination by nature can only take place if both parties have agreed to it. In the case of future disputes/differences arising under a contract, the parties can decide to insert an expert determination clause in their contract. An existing dispute/difference can also be referred to expert determination by means of a submission agreement signed between the parties.

Can a Party withdraw from Expert Determination?

In contrast to mediation, a party cannot unilaterally withdraw from expert determination.

Expert determination is a confidential procedure

In terms of specifically defined exceptions, the  process requires confidentiality of the existence of the expert determination, any disclosures made during that procedure, and the resulting determination by the Expert.