Expert determination is founded in contract. An independent third party will act as an expert rather than judge or arbitrator, and is appointed by the parties to decide the dispute privately. There is no right of appeal and the expert’s determination is final and binding on the parties save usually in the case of fraud or manifest error.
Parties will make written and oral submissions to the expert and he or she will then give a binding decision on the case. It is particularly used in disputes concerning valuation (for example rent reviews, share valuations or price adjustments) or technical disputes across a range of sectors (for example IT, accountancy, supply contracts, oil and gas).