Andrew Judkins
Andrew Judkins is a senior dispute resolution lawyer at Norton Rose Fulbright in London.
Andrew specialises in corporate and commercial disputes, including M&A disputes, complex contractual disputes and shareholder/JV disputes. Andrew is very experienced in commercial litigation, international arbitration (including under ICC, LCIA and UNICTRAL rules) and alternative dispute resolution. Andrew’s experience covers a broad range of industry sectors, including financial services, private equity, telecommunications, mining and transportation.
Andrew has been ranked by Legal 500 since 2022 in Commercial Litigation: Premium.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2013
Membership
- Law Society Private International Law Working Group
- Commercial Litigators’ Forum Associates Committee
Qualifications
- LPC (Distinction) (2011)
- GDL (Commendation) (2010)
- BA History (First Class) (2009)
Education
- BPP Law School (2011)
- University of Warwick (2009)
2 Contributions by Andrew Judkins
PRACTICE NOTES
A Practitioners’ Guide to Challenging Expert Determinations: Departure from Instructions, Jurisdiction, Manifest Error, Bias, Fraud and Court Intervention
Expert determination is a type of alternative dispute resolution (ADR). This Practice Note explains when an expert’s decision might be contested or set aside. For broader guidance on expert determination, including clauses, appointment and process, see Practice Note: Expert determination. For ADR more generally, see: ADR and dispute resolution clauses-overview.
General principles
As a general rule, the ability to challenge an expert determination is restricted. There is no statutory entitlement to appeal or otherwise contest an expert’s decision. As the expert’s power to decide stems entirely from the parties’ agreement, the courts will turn to that agreement to assess whether the determination can be challenged (Premier Telecom Communications Group v Webb-see News Analysis: Court of Appeal: expert valuations and mistakes of law (Premier Telecom Communications Group v Webb)).
Most agreements referring disputes to expert determination state that the expert’s decision is final and binding with no right of appeal, though they may allow limited grounds to contest the outcome, such as manifest error. While every matter will depend on its specific facts, a party wishing to dispute an expert’s determination should be able to demonstrate a compelling basis to...
Dispute Resolution
PRACTICE NOTES
Expert Determination in England and Wales: Clauses, Appointment, Jurisdiction, Procedure, Limitation, Enforcement and Liability
Expert determination is a form of alternative dispute resolution (ADR). This Practice Note outlines expert determination for technical or contract interpretation disputes. It describes the process, addresses how the parties agree to select or appoint the expert, and considers the expert’s jurisdiction. It also covers the binding effect of the expert’s decision, as well as procedure, limitation and potential claims against experts. For general guidance on ADR and other options, see the following Practice Notes:
What is ADR?
Which form of ADR?
What is expert determination?
Expert determination is a binding mechanism where an independent expert in the relevant discipline decides a dispute between parties in accordance with provisions they have agreed. It is most often used where an existing agreement provides for referral of a particular issue to an expert. It is especially suited to technical disputes, such as:
Rent reviews (by a surveyor)
Share valuations (by an accountant)
Interpretation of a contractual mechanism (by counsel)
Within construction, expert determination can be used to assess delay and disruption claims, or to determine a contractor’s final account (by a quantity surveyor)…
Dispute Resolution
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