Use a defined mandate. Do not treat technical expertise as a substitute for a complete dispute-resolution clause.
Identify the type of specialist question, the intended binding effect, how the Expert’s findings interact with mediation or arbitration, and any requirements for inspection, testing, code access or confidentiality. Contract-specific legal advice is recommended.
Any dispute concerning [identify the technical, accounting, valuation, performance, quality or calculation issue] shall be submitted to Expert Determination administered through the A-Resolve Platform under its Expert Determination Rules in force when the Request is submitted. The Expert shall determine only the question stated in the Terms of Reference. The Determination shall be [binding / non-binding / binding only as to the specified findings]. The language shall be [language]. The parties shall preserve relevant evidence and cooperate with any agreed inspection, testing, demonstration or source-code review. Any dispute outside the Expert’s mandate, or concerning legal liability or relief not entrusted to the Expert, shall be resolved under [the mediation, arbitration or court clause].
The parties agree to submit the following defined question to Expert Determination administered through the A-Resolve Platform: [question]. The Expert shall act under the A-Resolve Expert Determination Rules and the Terms of Reference approved by the parties and the Expert. The Determination shall be [binding / non-binding / binding only as to specified findings]. The Expert may consider [documents, data, inspection, testing, demonstration or source code]. The language shall be [language]. Questions outside the agreed mandate remain subject to [negotiation, mediation, arbitration or court proceedings].
If the Expert Determination does not resolve the dispute in full, the parties shall attempt confidential mediation through A-Resolve before commencing arbitration under the A-Resolve Arbitration Rules. Any agreed specialist finding may be used in that later process to the extent stated in the Terms of Reference and permitted by applicable law.