A focused and proportionate procedure for defined technical and specialist questions.
Important: Expert Determination is distinct from arbitration and mediation. Its binding or non-binding effect must be expressly agreed and recorded in the Terms of Reference.
These Rules apply where the parties agree in writing to submit one or more defined specialist questions to Expert Determination administered by A-Resolve. A unilateral filing without an existing agreement is a proposal only and does not proceed unless the respondent gives recorded consent.
Expert Determination is a focused process for technical, scientific, accounting, valuation, performance, quality, calculation or other specialist questions. The Expert is not acting as an arbitrator, mediator, judge or advocate, and the Determination is not an arbitral award.
The parties must expressly choose a binding determination, a non-binding expert opinion, or a binding determination limited to specified findings. A-Resolve does not infer binding effect from silence. The selected effect remains subject to mandatory law and the underlying contract.
The Request must identify the parties, the relevant agreement, the defined question, requested effect, material facts, required expertise, proposed timetable and any need for inspection, testing or source-code review. The respondent may consent, object to scope, propose revisions or decline.
Before substantive work begins, the parties and the Expert must approve Terms of Reference recording the question, mandate, legal effect, applicable standards, material to be considered, procedure, confidentiality protections, timetable, fees and permitted form of Determination. The Expert must remain within that mandate.
A-Resolve may invite a verified Expert after considering discipline, industry experience, language, availability, security requirements and the parties’ joint preferences. Appointment becomes effective only after acceptance, conflict disclosure and confirmation by A-Resolve.
Before substantive access, the Expert must complete the same A-Resolve Declaration of Independence and Conflicts used for Arbitrators and Mediators. The duty to disclose continues throughout the process. A reasoned challenge should be filed within seven days after the relevant circumstance becomes known. A-Resolve may confirm or replace the Expert after allowing a fair opportunity to comment.
Subject to the Terms of Reference, the Expert may request documents, data, explanations, demonstrations, meetings, inspections or testing. Each party must have a reasonable opportunity to address material supplied by the other party and material on which the Expert intends to rely.
Source code, credentials, security reports, personal data, trade secrets and restricted technical material must be handled only through the access controls specified for the matter. Restricted material may not be copied or disclosed beyond the authorised purpose and recipients.
If a party fails to provide requested material or participate after reasonable notice, the Expert may proceed on the available record only where the Terms of Reference permit it and fairness is preserved. The Determination must identify any material limitation caused by missing information.
A fixed USD 500 administration fee applies. The Expert’s case-based remuneration is set between USD 1,000 and USD 10,000 after considering complexity, volume, discipline, timetable and any inspection, testing or code review. Reasonable external expenses and exceptional administrative work are charged separately only after disclosure and approval. Payments are made by bank transfer under case-specific instructions. A party uploads transfer evidence and funding is recorded only after administrator verification. Required deposits must ordinarily be funded before substantive work begins. No success fee or percentage of the outcome is payable.
The Determination must be in writing, identify the agreed question and material considered, state the findings and give concise reasons unless the parties expressly agree otherwise. It must distinguish assumptions, specialist findings and limitations, and must not be described as an award.
Within the period stated in the Terms of Reference, a party may request correction of a clerical, typographical, computational or similar error, or clarification of an ambiguity. This process may not reopen the merits or enlarge the mandate.
The process, submissions and Determination are confidential except where disclosure is required by law, necessary to protect or pursue a legal right, needed for related mediation, arbitration or court proceedings, or jointly authorised by the parties.
Expert Determination does not prevent urgent court or arbitral relief unless the parties validly agree otherwise. A specialist finding may be followed by negotiation, mediation or arbitration under the contract or Terms of Reference. Referral does not convert the Determination into an arbitral award.
The Terms of Reference and A-Resolve terms govern administrative and Expert liability to the extent permitted by applicable law. Nothing in these Rules excludes a right or obligation that cannot lawfully be excluded.
Communications, consents, disclosures, Terms of Reference, directions and Determinations may be recorded electronically on the A-Resolve platform. The audit record is evidence of timing and delivery, subject to proof of manifest error.
A-Resolve decides administrative questions under these Rules. The Expert decides procedural questions within the agreed mandate. Questions about the legal validity or enforceability of the parties’ agreement remain for a competent court or arbitral tribunal unless that particular question has validly been submitted to the Expert.