- The decision is binding unless it is agreed by the parties at the outset that the determination will not be.
- Expert determination is particularly suited to disputes of valuation or a purely technical nature across a range of sectors.
- This process can be used as a shortcut to a binding decision, because it is simpler and cheaper than a court case or arbitration. There is no requirement to prepare pleadings, conduct detailed investigation of documents, cross-examine witnesses or conduct trial-type hearings.
- Like an arbitrator, an expert can make investigations independently of the parties, but, unlike an arbitrator, an expert does not need to refer back to the parties before making the decision. This results in savings of cost and time.
Expert determination is not like court proceedings, and has very little in common with them, or with expert evidence. In an expert determination, the expert constitutes the tribunal and makes the decision, and they are not in any sense a witness.
Mediation and Expert Determination
Expert determination is often used in conjunction with other dispute resolution processes, and it can be used as an adjunct to mediation. This can arise where there is a need for an independent authority of the mediator(s) to give a binding decision on an important issue. The use of expert determination provides the parties with the means of resolving a part of a dispute about which they would prefer not to negotiate. Obtaining an expert's ruling can break an impasse and allow the mediation to proceed without that blockage and it allows the mediator to remain completely impartial.
Uses of Expert Determination
- Commodity supply contracts
- Construction and engineering disputes
- Information communication and technology projects
- Insurance disputes
- Pension rights transfers
- Price adjustments on takeovers
- Rent reviews
- Valuation of shares in private companies
- Valuations of partners' interests in oil and gas field projects
CEDR can assist by proposing suitable experts to act as the expert determiner from our panel. We will also handle all aspects of the expert determination arrangements. These include:
- Arranging document exchange
- Administrating funds
- Resolving procedural difficulties
- Providing support and guidance to the parties and the expert determiner as required
For guidance on Expert Determination please refer to the Guidance Notes in the Resources accordion below.
For more information about this service please complete the Referral Form, on the 'Refer a case' button at the top of this page alternatively you can call one of our client advisors on 020 7536 6060.
- CEDR's fee for providing this service is £3,000 + VAT, shared equally between the parties.
- The expert will be paid fees and expenses and their rates will vary subject to which expert is chosen. Typically, rates will be in a range of between £250 and £600 per hour.
CEDR Dispute Resolution panel members who can act as Expert Determiners include:
- Loss adjusters
- Queen’s Counsels
- Retired judges