5.12 Experts

Parties sometimes agree to refer differences for determination to an independent expert chosen for his expertise in relation to the subject matter of the contract. Determination by an expert is not arbitration, and therefore the procedural rules of the Arbitration Act 1996 do not apply. The expert decides the question by using his own knowledge and expertise, whereas an arbitrator acts judicially. Expert determinations are often provided for in, for example, rent review clauses and other agreements involving assessment of monetary amounts, and specialist technology agreements.

If the parties wish disputes to be settled by an expert, this must

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial