Expert Determination
Expert Determination
Expert determination is an efficient and confidential method for resolving disputes that turn on specialist or technical issues—such as valuations, measurements, defects or accounting questions. Parties appoint an independent expert to review the evidence and deliver a determination in accordance with an agreed mandate. The process is streamlined, cost-effective and, where the contract so provides, the determination may be final and binding.
When to Use Expert Determination
Valuations and Pricing
Share valuations, price adjustments, rent reviews and market-rate assessments.
Technical Quality and Defects
Engineering tolerances, workmanship standards, specification compliance and defect causation.
Measurement and Quantum
Quantities, delay/extension assessments, productivity analysis and project accounting.
Accounting and Financial Issues
Completion accounts, earn-out disputes, warranty claims and forensic reconciliations.
IT and Technology
Scope compliance, performance metrics and service-level shortfalls in technology projects.
Sector-Specific Expertise
Appointment of experts with direct industry competence relevant to the dispute.
Our Role & Process
Mandate & Terms
Define the question to decide, scope, timeline, and confidentiality.
Appoint Expert
Select an independent specialist with the right qualifications and no conflicts.
Submissions & Meetings
Exchange key documents only; hold focused expert meetings for clarifications.
Determination
Receive a reasoned decision within the agreed timeframe and next step guidance.
Advantages of Expert Determination
Speed and Efficiency
Focused procedure and short timetables reduce cost and delay.
Confidentiality
Private proceedings protect commercial information and reputations.
Technical Accuracy
Decisions made by specialists with direct subject-matter expertise.
Flexibility
Procedure tailored to the mandate, with targeted document exchange and expert meetings.
Finality (by Agreement)
Where contracts provide, determinations are final and binding, limiting further dispute.
Relationship Preservation
Less adversarial than full proceedings; conducive to continuing commercial dealings.
Why Taswiyeh
Panel of Specialists
Access to experts across engineering, finance, valuation, technology and construction disciplines.
Disciplined Administration
Clear mandates, strict timetables and focused submissions for reliable outcomes.
Aligned Interests
In eligible cases, Taswiyeh may assume process costs until resolution, reducing upfront burdens.
Model Expert Determination Clause
“Any dispute or difference of a technical or valuation nature arising out of or in connection with this contract shall be referred to expert determination administered by Taswiyeh in accordance with its Expert Determination Rules. The expert shall be appointed by Taswiyeh. The expert’s determination shall be [final and binding/non-binding], and the process shall remain confidential save as required to give effect to the determination.”
Square brackets indicate variables to be completed by the parties.
Frequently Asked Questions
It depends on the parties’ agreement. Many contracts provide that the expert’s determination is final and binding; others treat it as advisory.
By agreement of the parties or appointment through Taswiyeh, ensuring appropriate qualifications, independence and availability.
Expert determination is narrower and more technical in scope, with streamlined procedure and limited submissions; it is not a full adjudicative process unless the contract states the decision is binding.