Where the disagreement is technical or financial, for example, valuing shares, setting rent, or resolving construction issues.
Areas of Expertise
- Valuation of Shares & Businesses
- Partnership & Joint Venture Disputes
- Property Valuations
- Technology, Engineering & Construction Issues
- Professional Negligence & Fee Disputes
Expert determination is one of the more specialised forms of Alternative Dispute Resolution (ADR). It provides a fast, confidential, and expert-led way to resolve disputes that turn on technical or valuation issues, rather than wider questions of law.
In an expert determination, the parties jointly appoint an independent specialist to decide a defined issue. It is particularly suitable for matters that depend on expert knowledge, such as valuing assets, interpreting technical data, or assessing professional fees, rather than determining broader legal arguments.
The appointed expert is usually a professional with relevant specialist experience, for example, an accountant, surveyor, engineer, or valuer. Their determination is generally binding, unless the parties agree otherwise before the process begins.
At Trinity ADR, our barristers can act as independent experts in suitable cases or assist in appointing the right specialist for the particular issue to be resolved. The process is entirely private and focused on efficiency, helping parties narrow down the issues with the help of a relevant expert and achieve a resolution that is both practical and proportionate.
Expert determination can often be concluded more quickly and at lower cost than arbitration or litigation, particularly where the issue is narrow or highly technical. It provides certainty and finality without the procedural formality, costs and delays of resolving a dispute at Court.
Expert Determination — FAQs
When is expert determination most useful?
Usually, yes, if the parties have agreed it will be binding before starting the process.
The parties agree on the expert. If they cannot, an independent body can nominate someone. Some contractual terms include provisions for disputes to be resolved using expert determination.
Often just weeks, depending on the extent and complexity of the issues in dispute and how quickly the expert can review the papers and evidence.
Is expert determination confidential?
Yes. The process is entirely private, and the outcome is not made public. This is particularly valuable in commercial or professional matters where discretion and sensitivity is important.
How does expert determination differ from arbitration or ENE?
Unlike arbitration, expert determination focuses on a specific technical issue rather than a full legal dispute. It is usually quicker, more informal, and less costly, while still providing a binding outcome where the parties agree.