Q&As

Is it possible to refer a question of valuation, or determination of a fair price, to an arbitrator rather than an expert? Is there specific wording you suggest be included in an arbitration agreement to achieve this?

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Published on LexisPSL on 26/06/2015

The following Arbitration Q&A provides comprehensive and up to date legal information covering:

  • Is it possible to refer a question of valuation, or determination of a fair price, to an arbitrator rather than an expert? Is there specific wording you suggest be included in an arbitration agreement to achieve this?
  • Is it possible to refer a question of valuation to an arbitrator?
  • What should I include in my arbitration agreement?

Is it possible to refer a question of valuation, or determination of a fair price, to an arbitrator rather than an expert? Is there specific wording you suggest be included in an arbitration agreement to achieve this?

Is it possible to refer a question of valuation to an arbitrator?

It is indeed possible to refer a question of valuation to arbitration. This approach is often taken, for example, in the context of gas price disputes. Many gas supply agreements will provide for a price review upon the occurrence of specified trigger events, and, in the event of a dispute arising out of that price review (eg whether or not a trigger event has occurred or indeed the level of the revised price), the gas supply agreement will often provide for arbitration as the method of dispute resolution. The gas supply agreement will usually include a clause (or set of clauses) that

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