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Jurisdiction(s):
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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Expert Determination in England and Wales: Clauses, Appointment, Jurisdiction, Procedure, Limitation, Enforcement and Liability
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Practice notes
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)…
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Web page updated on 28/05/2026
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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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