Expert Determination Agreement Template for England and Wales

An Expert Determination Agreement sets out the rules and process for resolving specific technical or valuation disputes through an independent expert's binding decision. It's commonly used in UK business deals when parties need specialized expertise to settle complex issues like property valuations, accounting disputes, or technical engineering matters.

The agreement spells out key details like who will act as the expert, how they'll gather evidence, their decision-making powers, and how costs will be shared. Unlike mediation or arbitration, expert determination focuses on technical facts rather than legal arguments, making it a faster and more cost-effective way to resolve specialized disputes under English law.

Expert Determination Agreements work best for technical disputes where you need specialized knowledge to reach a fair solution. They're particularly valuable in construction projects to resolve engineering specs, in company sales to determine final purchase price adjustments, or in commercial property deals to settle complex valuation issues.

Use this approach when you need a quick, definitive answer from someone with deep subject expertise. It's more cost-effective than court litigation and especially useful for time-sensitive matters where traditional legal arguments won't resolve the core technical disagreement. Many UK commercial contracts now include expert determination clauses for specific technical disputes.

• Basic single-expert agreements assign one specialist to make binding decisions on technical matters
• Multi-expert panels involve 3-5 specialists for complex disputes needing diverse expertise
• Industry-specific agreements tailored for construction, IT, or financial services with sector-relevant procedures
• Limited-scope agreements focusing on specific issues like price adjustments or technical specifications
• Comprehensive agreements covering multiple potential disputes throughout a long-term contract

• Contracting Parties: Business owners, companies, or organizations who agree to use expert determination to resolve specific disputes
• Independent Experts: Technical specialists, valuers, accountants, or industry professionals appointed to make binding decisions
• Commercial Solicitors: Legal professionals who draft and review Expert Determination Agreements to ensure enforceability
• Industry Regulators: Bodies that may recognize or enforce expert determinations in regulated sectors
• Expert Appointing Bodies: Professional organizations that help select qualified experts when parties can't agree

• Dispute Scope: Define exactly which technical matters the expert will determine and any specific limitations
• Expert Qualifications: List required expertise, certifications, and experience for the appointed expert
• Process Details: Outline the timeline, evidence submission rules, and format for expert communications
• Cost Allocation: Specify how expert fees and related expenses will be shared between parties
• Decision Powers: Clarify if the determination is binding, grounds for challenge, and enforcement mechanisms
• Confidentiality: Set out rules for handling sensitive information during the determination process

• Parties' Details: Full legal names and addresses of all participating entities
• Expert Appointment: Process for selecting the expert and required qualifications
• Scope Definition: Clear description of matters subject to expert determination
• Procedural Rules: Timelines, evidence submission, and communication protocols
• Decision Parameters: Expert's powers, binding nature of decisions, and appeal rights
• Cost Provisions: Payment terms and allocation of expert fees
• Confidentiality Terms: Rules for handling sensitive information
• Governing Law: Explicit choice of English law and jurisdiction

Expert Determination Agreements differ significantly from Arbitration Agreements, though both offer alternatives to court litigation. The key distinctions lie in their approach, scope, and procedural requirements.

• Decision-maker Role: Expert determiners focus on technical or factual issues using their specialist knowledge, while arbitrators act more like judges considering legal arguments and evidence
• Procedural Requirements: Expert determination is typically less formal and faster, with fewer procedural rules compared to arbitration's structured process
• Scope of Issues: Expert determination works best for specific technical matters like valuations or quality assessments, while arbitration handles broader legal disputes
• Cost and Time: Expert determination usually costs less and concludes faster, making it ideal for single-issue technical disputes needing quick resolution
• Appeal Rights: Expert decisions are usually final with very limited grounds for challenge, whereas arbitration awards have broader appeal options