Legal Terms Explained: Expert Determination

Expert determination is an alternative dispute resolution process in which an independent expert, rather than a judge or arbitral tribunal, is appointed to resolve a dispute. Because the dispute is heard by an expert with deep subject-matter expertise, this process can be particularly effective for deciding issues that require specialised technical knowledge or industry-specific expertise, rather than purely legal or contractual interpretation. When used appropriately, parties can achieve a resolution that is both faster and more cost-efficient compared to traditional dispute resolution methods.

General features of expert determination

Expert determination is typically a private and confidential process that is entirely consensual. An expert determination clause may be incorporated into the contract from the outset, or parties can agree to adopt the process once a dispute arises. An expert determination clause will usually specify matters such as the type of