As an alternative to arbitration, parties may agree to put their dispute to an independent expert for decision. They usually agree that the expert’s determination will be final and binding on them, or final and binding “save for manifest error”. This can be a swift way of getting an issue resolved without the need for lengthy court proceedings.
Our barristers act as independent experts in disputes about the law (including those about the meaning of a contract or transactional document). Alternatively, where a dispute about a technical matter is being resolved by an expert in another discipline – for example, where a Chartered Surveyor is acting as independent expert on a valuation issue – our barristers can act as legal adviser (sometimes called “legal assessor”) to that expert. They also act as advocates in expert determinations, advising on evidence and procedure and preparing written or oral submissions.