Better conflicts, Better outcomes, Better world

Model Expert Determination
Agreement
Including guidance notes

Centre for Effective
Dispute Resolution
70 Fleet StreetLondon+44 (0)20 7536 6000

Twitter @cedrsays

www.cedr.com

linkedin.com/company/cedr

info@cedr.com

EC4Y 1EU
Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2019

Better conflicts, Better outcomes, Better world

Model Expert Determination Agreement
Text in Italics indicates where information has to be added.

Text in brackets indicates where a choice has to be made.
Please refer to the guidance notes for commentary on and help with thecompletion of this Agreement.
Date:Parties(“Party A”)(“Party B”)(jointly "the Parties"”)("the Expert"”)Centre for Effective Dispute Resolution Limited (“CEDR”), of IDRC 70 Fleet Street,London EC4Y 1EU
Dispute("the Dispute")
Here set out the scope of the dispute to be determined.

2
Centre for Effective
Dispute Resolution
70 Fleet Street
London+44 (0)20 7536 6000

Twitter @cedrsays

www.cedr.com

linkedin.com/company/cedr

info@cedr.com

EC4Y 1EU
Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2019

Better conflicts, Better outcomes, Better world

1. Appointment of Expert
CEDR will appoint an Expert to resolve the Dispute and has exclusive rights to do sounder this Procedure. The Parties agree that the Expert will resolve the Dispute byExpert Determination. The Expert will act as an expert and not as an arbitrator orlegal adviser.
2. Purpose of Expert Determination
Unless the Parties subsequently agree otherwise, this Expert Determination leads toa decision ("the Decision") being issued by the Expert via CEDR. The Decision will befinal and binding on the Parties.
3. Confidentiality
The Expert Determination process is private and confidential. The Parties, the Expertand CEDR will keep confidential all information arising out of or in connection withthe Expert Determination except where disclosure is required by law.
4. Independence
The Expert and CEDR are independent of the Parties, neutral and impartial, and do
not act as advisers to the Parties.
5. Conduct of Expert Determination
The Expert will conduct the Expert Determination in accordance with procedural
directions which the Expert will seek to agree with the Parties. If they cannot beagreed, the Expert’s directions will prevail.
6. Challenge to the procedure
The Parties agree that they are not permitted to challenge the Expert’s directions on
issues arising during the procedure including those on the Expert’s own jurisdiction.
7. Mediation Option
At any time before the issue of the Expert’s decision the Parties may agree to refer
the Dispute to mediation, in accordance with CEDR’s Model Mediation Procedure. Inthat case each of the Parties notifies the Expert and CEDR, and the Expert
Determination is suspended. If the dispute is settled by mediation, the Expert
Determination comes to an end and the Parties settle the fees and expenses of theExpert and of CEDR. If the dispute is not settled by mediation, the Expert
Determination resumes, and if the Expert has been acting as mediator, the Expert
may take up his/her previous role.
Centre for Effective
Dispute Resolution
70 Fleet StreetLondon+44 (0)20 7536 6000

Twitter @cedrsays

www.cedr.com

linkedin.com/company/cedr

3

info@cedr.com

EC4Y 1EU
Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2019

Better conflicts, Better outcomes, Better world

8. Reasons in the Decision
The Expert’s Decision [shall/shall not] include reasons
9. InterestThe Expert is empowered to award interest as part of the Decision.
10. Fees and Expenses
Unless the Parties agree otherwise, the parties are jointly and severally liable for thefees and expenses of the Expert Determination. The fees and expenses will beestimated by CEDR upon receipt of the Agreement and paid to CEDR, to be held on
account before the Expert Determination starts. The Expert will be paid fees andexpenses from the account and interim bills may be raised by CEDR to cover thesefees should the account run out of funds. A final account of the fees and expenses will
be sent to the Parties by CEDR when the Decision is ready for issue to the Parties andthe Decision will be released on payment by the Parties of any further amounts due, ifany. CEDR will reimburse the Expert. If the Parties agree not to proceed with Expert
Determination, CEDR will refund a proportionate amount of the fees and expenses
advanced, depending on the amount of work done by the Expert and CEDR.
11. Implementation of the Decision
The Parties agree to implement the Decision within [e.g. - seven] days of the Decision
being published to them.
12. Challenge to the Decision
The Parties agree that the decision of the Expert is final and binding and that thedispute cannot be referred to a subsequent tribunal.
13. No liability
The Parties expressly acknowledge that neither the Expert nor CEDR shall be liable tothe Parties for any act or omission whatsoever in connection with this Expert
Determination.
14. Role of CEDR
CEDR appoints the Expert. The Expert is responsible for the procedure from then on.
CEDR may be consulted by any of the Parties to this Agreement in case of difficulty.
Should the Expert be unable to complete the task, CEDR will appoint a substituteExpert within a reasonable time. The same costs will apply in respect of CEDR’s fee forthe appointment of any substitute Expert.

Centre for Effective
Dispute Resolution
70 Fleet StreetLondon+44 (0)20 7536 6000

Twitter @cedrsays

www.cedr.com

linkedin.com/company/cedr

4

info@cedr.com

EC4Y 1EU
Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2019

Better conflicts, Better outcomes, Better world
15. After the Decision
None of the Parties will call the Expert or CEDR (or any employee, consultant,officer or representative of CEDR) as a witness, consultant, arbitrator or expert inany litigation or arbitration in relation to the Dispute and the Expert and CEDR
will not act voluntarily in any such capacity.
16. Law and Jurisdiction
6 This Agreement shall be governed by English law and under the jurisdiction ofthe English courts. All the Parties to this Agreement agree to refer any disputearising in connection with it to mediation first.
SignedSigned on behalf of Party A
Name:
Firm:
Signed on behalf of Party B

Name:
Firm:
Signed by the Expert
Name:

Signed on behalf of CEDR
Name:
Position:
Scheduled
CEDR appointment fee:

£1,500.00+VAT

Expert’s fees: Click here to enter text. +VAT per hour
Payment to be made on account by each Party:
Due by:Centre for Effective
Dispute Resolution
70 Fleet StreetLondon

5+44 (0)20 7536 6000

Twitter @cedrsays

www.cedr.com

linkedin.com/company/cedr

info@cedr.com

EC4Y 1EU
Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2019

Better conflicts, Better outcomes, Better world

Guidance Notes
Essential Information
The CEDR Model Expert Determination Agreement refers to the Parties to theDispute, CEDR and, of course, the Expert. The role of CEDR is defined inparagraph 14 of the Agreement.
The section “Dispute”, when completed, sets out how the dispute arose with abrief description of the issue(s).
Paragraphs 1 and 2 establish the appointment of the Expert, that the process isExpert Determination, and that the result is a Decision, which will be final andbinding on the Parties. Paragraphs 3 and 4 establish the confidentiality of theprocess and the independence of the Expert and CEDR.

The Procedure
Once appointed, the Expert will wish to establish the procedure. Paragraph 5states that the Expert will seek to agree
the procedure with the Parties, and that if agreement cannot be reached, theExpert’s directions will prevail.
Procedural directions may deal with any or all of the following:• a timetable for the submission of case summaries and supporting
documents to the Expert with copies to each•••••other;
whether submissions are to be simultaneous or sequential;
whether there should be one round or two rounds of submissions;
whether the Expert has the power to call for documents; orwhether the Expert has the power to award costs.

Challenge to the procedure
Paragraph 6 provides that the Parties have no right to challenge the Expert
Determination procedure before the Decision is issued. This enhances the useof Expert Determination, is in the spirit of ADR and allows the Expert to do
the work for the Parties as agreed without the time and expense of court
applications.
6Paragraph 8 deals with fees and expenses, some of which are payable inCentre for Effective
Dispute Resolution
advance.
70 Fleet StreetLondon+44 (0)20 7536 6000

Twitter @cedrsays

www.cedr.com

linkedin.com/company/cedr

info@cedr.com

EC4Y 1EU
Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2019

Better conflicts, Better outcomes, Better world

Mediation option
Paragraph 7 provides that the Parties may agree to refer the dispute to mediation at
any time before the Decision is made, provided the fees and expenses to date arepaid, and that CEDR will organise the mediation.
Reasons in the Decision
Paragraph 8 gives the Parties a choice as to whether to include reasons in theDecision. The inclusion of reasons increases the cost, but may make the resolution of
the Dispute by this means more attractive and therefore worth the extra cost.
Interest
The Expert does not have the power to award interest unless the Parties agree, soparagraph 9 gives the Expert that power.
Fees and expenses
Paragraph 10 deals with fees and expenses, some of which are payable in advance.
Consequences of the Decision
Paragraphs 11 and 12 deal with the consequences of the Decision. The Parties agree
to implement it within an agreed period and agree that the Decision cannot bechallenged.
No liability
Paragraph 13 gives immunity from liability to the Expert and CEDR.
Role of CEDR Paragraph 14 explains CEDR’s role, in making the appointment andother arrangements, and collecting the fees andexpenses.
After the Decision
Paragraph 15 ensures that those involved in the Expert Determination do not get
involved in future proceedings without the consent of all the Parties.
Law and Jurisdiction
Paragraph 16 establishes English law as the governing law of the Agreement, withdisputes referred first to mediation and then to the English court. It may benecessary in international cases to provide that the language of the Expert
Determination is to be English.
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Centre for Effective
Dispute Resolution
70 Fleet Street
London+44 (0)20 7536 6000

Twitter @cedrsays

www.cedr.com

linkedin.com/company/cedr

info@cedr.com

EC4Y 1EU
Registered in England no. 2422813

Registered Charity no. 1060369© CEDR 2019