ABSTRACT
The President of the Royal Institution of Chartered Surveyors received an application from one party to an agreement to appoint an independent expert. In Safeway Food Stores Ltd v. Banderway Ltd 267 EG 850 Goulding J had to consider whether a surveyor had been appointed as arbitrator or independent expert. The plaintiff contended that, having regard to the hearing of clause 14, it was uncertain whether the clause contemplated arbitration, or expert determination. The trial judge found that the fact that the independent accountant did not set out any intermediate calculations and/or figures in a completion statement re-stated to take into account the judgements that he made, did not demonstrate that the independent accountant had failed to apply his mind to the matter of tax. The option agreement provided for an independent valuer to act as an expert and not as arbitrator to determine the option price in the event of the parties being unable to agree.
