Expert determination: a wise choice?
By Harriet Campbell
If parties wish to use expert determination to resolve disputes between them, they will insert a specific expert determination clause into their contract or specifically agree that course of resolution when a dispute arises.
Typically, expert determination clauses provide for a technical expert (such as an accountant) to resolve disputes arising out of corporate transactions. The expert’s remit is generally defined solely by the contract and the determination is normally binding (absent fraud or obvious error).
While the process is dependent on the contract, the basic structure often follows an established pattern. After making submissions to the expert (who shares all communications with all parties), the parties normally respond to each other’s submissions and make any counter-responses. The expert then makes enquiries and asks questions of the parties if appropriate. A final and binding written decision is then issued by the expert, which can be with or without reasons…
Click on the link below to read the rest of the Shoosmiths briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Shoosmiths
News from The Lawyer
Briefings from Shoosmiths
The Supreme Court has held that a claimant’s right to recover a conditional fee agreement success fee and after the event insurance from an unsuccessful defendant is not contrary to the ECHR.
The existing Living Wage is already higher than the National Living Wage. What’s going on?
Analysis from The Lawyer
Compliance and corporate governance codes for large financial institutions will undoubtedly include provisions to regulate high pay in the future
There’s more to the ABS model than attracting the man in the street and procuring external investment. Partners at the big corporate firms, take note…