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Expert Determination

Determination by an independent expert with deep industry knowledge.

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Our Approach

What is Expert Determination?

Expert Determination is a dispute resolution process in which an independent expert — appointed by the parties or a nominating body — makes a determination on a specific technical or commercial issue in dispute.

Unlike mediation, the expert does not facilitate negotiation; they apply their specialist knowledge and expertise to evaluate the evidence and issue a determination. This makes it particularly well-suited to disputes involving technical matters, such as the cause of defects, the value of variations, or the assessment of delay.

infraADR's experts bring genuine infrastructure industry experience to every determination — ensuring that technical issues are assessed with the depth of knowledge they require.

Key Features

  • Determination by an independent technical expert
  • Expert with relevant infrastructure industry knowledge
  • Faster and more cost-effective than arbitration
  • Suitable for technical and commercial disputes
  • Confidential process with no public record
  • Parties can agree on the scope and procedure

How It Works

The Process

01

Appointment of Expert

Parties agree on or apply to have an independent expert appointed through a nominating body.

02

Submissions

Each party submits their position, supporting documents, and evidence to the expert for consideration.

03

Expert Review

The expert reviews all submissions, may request further information, and may conduct site inspections.

04

Determination

The expert issues a written determination which can be binding on the parties (subject to any agreed exceptions).

Discuss Your Dispute

Contact us for a confidential discussion about whether expert determination is the right process for your dispute.

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