Expert Determination

What is Expert Determination?

Expert determination is a process in which an independent third party acts as an expert in the field, rather than as a judge or arbitrator, to settle a dispute.

It is usually used for disputes of a technical nature where the issue at hand is one of fact rather than law and requires an expert to give their opinion which will form the decision.

The decision of the expert, who is impartial and required to hear from both parties, is binding. Parties may choose who is appointed as the expert, or they may use an appointing body such as CIArb to make the appointment. Similar to other ADR processes it is entirely confidential