expert determination is a form of alternative dispute resolution (ADR).

This Practice Note provides guidance on when an expert’s determination may be challenged or set aside.

For guidance on expert determination generally, including expert determination clauses, appointment and procedure, see Practice Note: Expert determination.

For guidance on ADR more generally, see: ADR and dispute resolution clauses—overview.

As the expert’s authority to reach a determination is wholly derived from the parties’ agreement, the courts will look at the agreement when deciding whether the expert’s determination can be challenged (Premier Telecom Communications Group v Webb). While each case will therefore depend on its facts, any party seeking to challenge an expert’s determination should bear in mind that the courts will be keen to give effect to the purpose of an expert determination clause: such parties are generally seeking a quick and inexpensive decision of a binding nature and to avoid more expensive proceedings. That intention is likely to be undermined if the courts too readily set aside expert determinations. For further information on Premier