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ARTICLE · 20 NOVEMBER 2024

Dandara V. Medway: Expert Determination Clauses Can Be Separable From The Underlying Agreement

Singleton Urquhart Reynolds Vogel LLP
Singleton Urquhart Reynolds Vogel LLP
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In Dandara South East Ltd. v. Medway Preservation Ltd. and another, [2024] EWHC 2318 (Ch), the business and property division of the England and Wales High Court...

CanadaLitigation, Mediation & Arbitration
James Little
James Little
Nicholas Reynolds
Nicholas Reynolds
Kathryn Irwin
Kathryn Irwin

In Dandara South East Ltd. v. Medway Preservation Ltd. and another, [2024] EWHC 2318 (Ch), the business and property division of the England and Wales High Court considered the applicability, and separability, of expert determination clauses in the context of a contract for the sale of land.1

As readers may know, contractual dispute resolution processes (particularly in construction contracts) often contain a clause whereby a dispute is referred for determination to an "expert" prior to litigation and/or arbitration. Such clauses are fundamentally distinct from arbitration clauses (particularly with respect to a lack of formal procedure), but share certain similarities (as discussed in this case comment).

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