Expert Determination

Expert determination is a specialized form of alternative dispute resolution (ADR) where parties submit their disputes to an impartial expert for a binding decision. Unlike traditional arbitration or litigation, expert determination relies on the expertise of the appointed professional to assess technical or complex issues and render a conclusive resolution. The process is typically less formal and more expeditious, making it an efficient option for resolving disputes.

Expert determination is often utilized in cases where specific technical knowledge or industry expertise is required, such as valuation disputes, technical contract interpretations, or matters related to intellectual property. By providing a definitive and legally binding decision, expert determination offers parties a reliable and cost-effective means to resolve disputes outside the court system.

  • One party will send a notice of intention to refer the dispute to Expert Determination to the other party. The notice includes a summary of the dispute, claims, relief sought, and a proposal for the nomination of board members (if not already appointed).
  • The parties mutually agree to appoint an impartial expert. If no agreement is reached within a specified timeframe, an appointing authority may be involved to select the expert.
  • The parties define the specific issues to be referred to the expert for resolution. The expert's jurisdiction is limited to the agreed-upon matters.
  • The parties adopt the "Agreement for Expert Determination and Rules for the Determination of Disputed Matters by Expert of the TCC ADR Centre" as the procedural framework.
  • The expert examines the submissions, evidence, and arguments presented by both parties. They may seek additional information or clarifications from the parties.
  • The expert may hold private meetings with each party to explore the strengths and weaknesses of their respective positions.
  • After careful consideration, the expert renders a binding decision on the dispute. The decision is communicated in writing and contains the rationale behind the resolution.
  • Once the decision is made, the parties receive a written, binding agreement. The agreement outlines the terms of resolution and the obligations of the parties.
  • The parties undertake the necessary steps to implement the terms of the agreement. Compliance with the expert's decision is expected from both parties.
  • The expert determination process concludes with the successful resolution of the dispute. The binding decision helps in resolving the matter efficiently and avoids further litigation.

To register a new case, please send your application to info@tccadr.org or click the form below.

TCC Model Expert Determination Clause:

In situations where a dispute has emerged, and the involved parties have not previously agreed to resort to Expert Determination, they have the option to enter into an agreement for such resolution. Below is a suggested clause for this purpose, with the words in square brackets to be modified as required.

[Name of first party] and [Name of second party and Ors] hereinafter referred to as the parties, are parties to a contract entered into on or about [enter date]. The parties have agreed that [all matters in dispute between them/the matters in dispute between them set out in the Schedule attached hereto] shall be referred to Expert Determination by [Name of Expert] in accordance with the Agreement for Expert Determination and Rules for Determination of Disputed Matters by Expert of the TCC ADR Centre which procedures and rules are deemed to be incorporated by reference herein.

[if the parties are unable to agree upon the identity of an Expert, then the Expert shall be appointed by TCC upon the application of any party.]”

Payment of fees and costs could be made by bank transfer at the following details:

Account TCC ADR Centre
Bank Bank Al-Falah Limited, DHA Phase V Branch, Lahore, Pakistan
Account number 09601008103213
IBAN PK96ALFH0960001008103213
Currency PKR

Note:

It is important to include the name of the payer and, if applicable, the case reference to the payment for its prompt and accurate crediting. A copy of the proof of payment should be provided, so that the respective transfer is located in the TCC’s accounts.

All payments must be free of any charges that may occur at the sending and/or receiving bank. TCC shall bear no responsibility with regards to any currency conversions that might be applied by the sending and/or the receiving bank or to any currency fluctuations, which might overall affect the payment of fees and costs.

info@tccadr.org

Request for Expert Determination

We agree that we will abide by and perform any award rendered hereunder and that a judgment may be entered on the award

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