Ekspertfastsættelse

Ekspertfastsættelse is a dispute resolution method in which the parties appoint a qualified independent expert to determine a specific issue or calculation under a contract. The expert’s determination is typically final and binding on the parties, unless the contract allows for limited appeal or judicial review.

Process and scope. The contract defines the issue, the standard or method of measurement, and the data to be provided. The parties nominate the expert or use an appointing body, agree on procedure, and set a timetable. The expert reviews submissions, may request additional information, and issues a written determination. In many cases the decision is enforceable as a contract award.

Common uses. Expert determinations are often used for technical or numerical questions where specialized expertise is needed, such as performance measurements, quality compliance, cost adjustments, valuation, or other precise computations in construction, engineering, energy, insurance, and international contracts.

Binding nature and review. The typical aim is finality, with the contract specifying binding effect. Courts generally review only narrow aspects, such as jurisdiction, procedural fairness, or whether the expert went beyond the defined scope, rather than re-evaluating the merits.

Advantages and limitations. Benefits include speed, cost efficiency, technical accuracy, confidentiality, and finality. Limitations include limited avenues for appeal, potential concerns about independence or bias, and reliance on the contract’s scope and data provided. Drafting should specify scope, standards, data access, confidentiality, governing law, venue, language, timetable, and whether the outcome is binding and under what recourse.