Video: Expert Determination – recent developments

Expert Determination is a contractual process where parties in dispute agree to appoint an independent expert to resolve their dispute by making a determination on issues between them.  The expert's responsibility is generally defined solely by the contract and the determination is normally binding, absent fraud or manifest error. It is unusual for expert determinations to lead to court proceedings.

In this video John Fisher talks to Ermelinda Beqiraj and Nick Williams about the implications of the recent decision in Shafi v Rutherford in which the court decided that an expert’s determination was invalid and unenforceable.



To sum up, ambiguity in agreements can lead to unexpected results. In any transaction the Sale and Purchase Agreement (SPA) represents the outcome of key commercial and pricing negotiations. The value to be won and lost in SPA negotiations can be the difference between a good deal and a great deal.

If you’d like to know more why not join us at our breakfast seminar in London on Thursday 25 June 2015 to find out how to win value through sales and purchase agreements. Register here.

For more information visit our website.


John Fisher |  Partner, Head of Disputes
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