| Commentary

110.5 Lack of independence

| Commentary

110.5 Lack of independence

In the absence of a term in the parties’ expert determination clause that an expert must be independent, lack of independence will not constitute a ground to challenge the expert’s determination1. However, the courts have implied such a term in the absence of an express provision2. Parties may expressly agree in their expert determination clause that particular connections or circumstances will not disqualify an expert or invalidate his decision (particularly where the pool of available experts may be limited)3.

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