ABSTRACT
The majority of the appointments are made in connection with commercial rent reviews, but a significant number are made in connection with agricultural tenancies and construction disputes. In the case of the construction disputes the appointments are limited to arbitrators, since independent expert determination is rarely used in construction disputes. The courts have in the past been supportive of this method of resolving disputes and have been reluctant to interfere in the process unless absolutely necessary. In some types of dispute it may be also extremely helpful to both parties if an explanation of the decision can be given and in experience service charge disputes fall into this category. Independent expert determination, unlike arbitration or litigation, is not subject to a legislative framework. The independent expert is dependent on the parties for his jurisdiction and powers.
