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United Kingdom
United Kingdom
Key definition
Expert determination definition What does Expert determination mean? A contractual form of alternative dispute resolution in which the parties appoint an independent subject‑matter expert to decide a defined issue—typically technical or valuation—arising under their agreement. It is not arbitration and is not governed by the Arbitration Act 1996 or Irish arbitration legislation; its effect and procedure derive from the contract, with principles developed in case law across England & Wales, Scotland, Northern Ireland and Ireland. Key features include: a tightly defined remit; the expert may use their own knowledge and make inquiries; a typically documents‑only, confidential process; and a decision that is usually expressed to be final and binding...
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A Practitioners’ Guide to Challenging Expert Determinations: Departure from Instructions, Jurisdiction, Manifest Error, Bias, Fraud and Court Intervention
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LexisNexis Dispute Resolution expert
Practice notes
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...
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Web page updated on 27/05/2026
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