{"id":187728,"date":"2024-05-09T04:48:57","date_gmt":"2024-05-09T03:48:57","guid":{"rendered":"https:\/\/legalvision.co.uk\/?p=187728"},"modified":"2024-05-09T04:48:58","modified_gmt":"2024-05-09T03:48:58","slug":"disadvantages-using-expert-determination-commercial-dispute","status":"publish","type":"post","link":"https:\/\/legalvision.co.uk\/disputes-litigation\/disadvantages-using-expert-determination-commercial-dispute\/","title":{"rendered":"The Disadvantages of Using Expert Determination for Your Commercial Dispute\u00a0"},"content":{"rendered":"\n

When you fall into a commercial dispute with another company, you must choose a way to resolve it. One method is the use of expert determination, which involves using an independent expert to make a final decision on your matter. As an alternative dispute resolution<\/a> (ADR) method, it is a less formal and more cost-effective option than litigation. However, expert determination may not always be suitable for your dispute, and you should be aware of some of its downsides. This article will explain the disadvantages of using expert determination for your commercial dispute.\u00a0<\/p>\n\n\n\n

What is the Expert Determination Procedure? <\/h2>\n\n\n\n

There is no specific procedure for expert determination. Instead, it is up to you and the other party to decide, as you are not tied to any legal framework. Therefore, you will usually outline how the expert determination process will work in your business contracts. This is often explained in a \u2018terms of reference\u2019 document accompanying the contract. If the agreement does not outline this, you will decide the procedure once you fall into a dispute. At this point, you will also need to choose an expert in the field in dispute to make a binding determination.  <\/p>\n\n\n\n

Although there is no set procedure for expert determination, you should still note some key considerations to address, including: <\/p>\n\n\n\n