Expert Determination Clause

This Expert Determination Clause sets out a procedure for resolving disputes and similar matters by appointing an expert in the field to decide the outcome, rather than resorting to litigation or other forms of ADR.

The parties to the contract may agree on the expert and the terms of appointment themselves, or they may refer the matter to a particular body or organisation which will then appoint the expert for them.

Reasonable cooperation between all parties involved is required. Key details addressed by this clause include access to documentation and personnel, submissions by the parties to the contract, the appointment of advisors by the appointed expert, confidentiality, and costs.

Also note that there is a definition of “Expert” at the head of the document, designed for inserting into the Definitions and Interpretation clause of the document being drafted or amended.

Optional text is enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.

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