Expert Determination

Expert determination (sometimes referred to as ‘neutral determination’) is an increasingly important part of alternative dispute resolution (ADR).

It is one of the identified dispute resolution procedures in property development, construction and energy contracts, and in the public law context, for example, s106 planning agreements.

Whether established through a contractual clause appointing a body such as the Bar Council or RICS or by agreement between the parties (for example, during a project), the role of the ‘neutral’ allows disputes to be determined promptly and as an effective alternative to arbitration or litigation.

The decisions of the ‘neutral’ are usually binding unless otherwise stated by the agreement.

Our barristers act not only as ‘neutrals’ but also advise and represent parties with such referrals.

We act as appointed ‘neutrals’ and represent parties within the UK and internationally, including in the Middle East and North Africa (MENA) region, South East Asia and Europe in a variety of forms.