ABSTRACT
The two principal forms of dispute resolution found in institutional leases of commercial property are referrals to arbitration or independent expert. There is often much debate as to whether it is preferable to choose an arbitrator or an independent expert, and much will depend on the state of the market at a particular time. The authority and jurisdiction of an independent experts purely governed by the terms of the lease and there is no legislation which sets out the powers and duties of an independent expert. Some leases and agreements may be unclear or ambiguous as to whether the appointment is in the capacity of arbitrator or independent expert. The opportunities are given for landlords and tenants to have the terms and rent payable under their new lease, decided by a surveyor or solicitor acting as either an arbitrator or independent expert.
