Kenya : Lawyers & Legal Firms - CIArb's Dispute Appointment Service - Chartered Institute of Arbitrators Kenya

What: Expert determination is a process in which an independent third-party, rather than a judge or arbitrator, acts as an expert in the required field. The impartial expert is required to hear from both parties and their decision is binding. Parties may choose who is appointed, or they can use an appointing body such as CIArb. This process is entirely confidential.

Why: Expert determination is a great tool for resolving disputes of a technical nature where the issue at hand is one of fact rather than law. This then requires an expert to form a decision.