Expert Determination: The Fastest Way to Resolve Technical and Valuation Disputes
Introduction
In many commercial and technical disputes, the core issues are rooted not in legal interpretations but in factual, quantifiable, or specialist disagreements—such as valuations, measurements, defects, engineering specifications, or financial adjustments. These are disputes where accuracy matters more than argument. For industries across the UAE and wider region, such as construction, engineering, finance and technology, technical disagreements can halt progress, strain partnerships and escalate unnecessary costs.
Traditional pathways like arbitration or litigation may be ill-suited for highly technical issues because they involve lengthy submissions, procedural steps and significant expense. What parties often need is clarity—provided quickly, confidentially and by someone with deep subject-matter expertise. This is where Expert Determination becomes a decisive and highly effective dispute resolution tool. It is a streamlined process in which an independent expert delivers a reasoned decision on the specific technical matter, helping parties avoid escalation while maintaining commercial momentum.
Why Expert Determination Is Important
Expert determination is ideal when disputes revolve around specialist knowledge rather than broad legal questions. It ensures:
- Faster resolution timelines
- Lower costs compared to arbitration
- Confidential processes
- Decisions informed by real technical expertise
- Reduced procedural burdens
- Clarity on niche issues
This method is frequently used for disputes involving valuations, construction defects, project measurements, engineering tolerances, technology performance, and financial reconciliations.
How the Process Works
Defining the Mandate
Clear definition of the question ensures the expert focuses precisely on the technical issue.
Expert Appointment
A specialist with relevant expertise is selected ensuring credibility and reliability.
Focused Document Exchange
Only essential technical documents are exchanged, keeping the process proportionate.
Clarification Meetings
The expert may request meetings or ask specific questions to ensure accuracy.
Determination Issuance
A clear, reasoned decision is delivered within an agreed timeline. Depending on the contract terms, it may be final and binding.
Example Case
A valuation dispute arose regarding adjustments after a share purchase. Rather than navigating a year-long arbitration, parties chose expert determination. A financial expert reviewed models, reconciled calculations and clarified contractual interpretations. The determination, delivered within weeks, provided clarity and allowed both parties to proceed with certainty.
Expert Insights
Expert determination is successful because:
- It avoids procedural delays
- Experts provide accurate and practical decisions
- It reduces cost and complexity
- Parties gain certainty faster
- It protects commercial confidentiality