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ARTICLE · 01 OCTOBER 2024

Expert Determination Clauses: Are They Separable From An Underlying Agreement?

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What is a mandatory expert determination clause? And will the courts stay a claim and require parties to comply with such a clause as an alternative to litigation/arbitration?

United KingdomReal Estate and Construction
Daniel Wood
Daniel Wood
Emma Knight
Emma Knight
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What is a mandatory expert determination clause? And will the courts stay a claim and require parties to comply with such a clause as an alternative to litigation/arbitration?

In Dandara South East Ltd v Medway Preservation Ltd & Anor [2024], the High Court considered the enforceability and scope of expert determination clauses in construction contracts. In particular, the court considered whether an expert determination clause is separable from the underlying agreement, such that it survives the termination of that agreement. This is a novel point that does not appear to have received judicial consideration before this case.

We examine the decision in Dandara in more detail below.

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