Expert Determination

Expert Determination is a long-established procedure that can deliver a fast, inexpensive and contractually-binding resolution of a dispute. It is particularly well suited to disputes where the issues are factual and technical in nature, when it may not only lead to resolution of the dispute but may also assist in developing technical solutions to the problems that go beyond pure monetary resolution. The Expert can immediately bring to bear his technical knowledge and familiarity with the operational environment in which the dispute has arisen, thus saving much of the time and expense that would otherwise be incurred explaining technical issues to non-technical intermediaries.

The proceedings are private and the decision confidential, a particular advantage in cases sensitive to publicity. A further advantage is that, because the parties and the Expert are in control of the timetable, and are not bound by the requirements of the Housing Grants, Construction and Regeneration Act 1996, Expert Determination offers an effective alternative to adjudication, especially in cases of a highly technical nature where the complexity of the matter requires a more considered approach to identifying and resolving the real issues.

When seeking Expert Determination, the parties agree to appoint an Expert to decide the dispute and to be bound by his decision. The procedure followed thereafter is entirely flexible, being subject only to agreement between the Expert and the parties. It is not subject to any formal process or rules other than those specifically adopted for the purposes of the case. The Expert’s investigation can, for example, be based entirely on documents submitted to him by the parties, or it may be appropriate for him to conduct an inspection or a hearing. The Expert may conduct his own investigations, issue directions, interview witnesses or call for submissions from the parties to state their positions. The Expert may give reasons for his decision (a “speaking decision”) or not, as agreed.

In our approach to Expert Determination, we emphasise impartiality and fairness. Irrespective of any formal obligation, we apply the rules of natural justice: we are unbiased; each party is given the opportunity to state its case; to hear the case against it; and the opportunity to answer that case. We accept no undisclosed submissions on behalf of one party. By adhering to these principles, we aim to deliver a just and satisfactory resolution in a fraction of the time, and at far less cost than that which would be incurred through recourse to the courts or arbitration.