Model clause: Expert Determination
Having a clear, certain and well-drafted model clause is essential to ensure effective and efficient dispute resolution should the need arise.
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Model clause for future disputes
Looking for a clause to insert in your next contract? Use our model clause to access expert determination should a dispute arise in the future.
Existing disputes
Parties to an existing dispute can still agree to refer it to expert determination. Request a template expert determination agreement.
Model clause for expert determination under the NZDRC Expert Determination Rules
The following clause should be included in contracts where the parties wish to have any future disputes resolved by expert determination under the New Zealand Dispute Resolution Centre’s Expert Determination Rules:
“In the event of any dispute or difference arising out of or in connection with this contract, or the subject matter of this contract, including any question about its existence, validity or termination, the parties must refer that dispute in the first instance to Expert Determination in accordance with the Expert Determination Rules of the New Zealand Dispute Resolution Centre.”
Unless the parties intend for expert determination to be final and binding, we recommend that the above clause then be followed by the following model arbitration clause:
“If either party is dissatisfied with the expert’s determination, either party may, by service of a Notice of Arbitration, require the matter in dispute to be referred to arbitration in accordance with the Arbitration Rules of the New Zealand Dispute Resolution Centre.”
Got an existing dispute?
Parties to an existing dispute that have not incorporated the NZDRC Model Expert Determination Clause into a prior agreement may still agree to refer that dispute to expert determination under the NZDRC Expert Determination Rules by signing an agreement to refer their dispute to expert determination.
Complete the form below, and our registry team will send you an agreement to use:
Request for template expert determination agreement
Other resources you might like
Expert Determination
Expert Determination is a simple means of dispute resolution where parties refer a question to an independent expert.
More Model Clause Options
Access our complete guide to model clauses for all our process options.
Clause and effect: the importance of well-drafted model clauses
An overview of why well-drafted model clauses matter.
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