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An Expert Determination Agreement sets out the terms for resolving technical or specialized disputes through an independent expert's binding decision, aligned with Saudi arbitration laws. It's commonly used in construction, energy, and technology sectors when parties need specialized expertise to settle complex issues outside traditional court proceedings.

Under this agreement, parties select a qualified expert who investigates the matter and delivers a final, binding determination. The agreement outlines key elements like the expert's scope, timeframes, confidentiality requirements, and cost allocation, while ensuring compliance with Saudi Civil Procedure Law and Sharia principles. Companies operating in the Kingdom often prefer this method for its speed and technical precision.

An Expert Determination Agreement proves most valuable when technical disputes arise in specialized sectors like construction, oil and gas, or technology projects in Saudi Arabia. Use it when facing complex disagreements about engineering specifications, quality standards, or technical performance that require deep subject-matter expertise to resolve.

This agreement works particularly well for time-sensitive projects where traditional court proceedings would cause costly delays. It's especially useful when dealing with issues like valuation disputes, technical compliance assessments, or performance testing in major infrastructure projects. The process aligns with Saudi commercial laws while offering faster resolution than litigation or standard arbitration.

• Basic Determination: Focuses on single technical issues with one expert, commonly used in construction quality disputes
• Multi-Expert Panel: Involves 2-3 experts for complex technical matters, often seen in major infrastructure projects
• Industry-Specific: Tailored for sectors like oil and gas, with specialized terminology and Sharia-compliant procedures
• Limited-Scope: Addresses specific technical aspects while leaving commercial matters for arbitration
• Comprehensive: Covers both technical determinations and related commercial implications, popular in large-scale development contracts

• Project Developers: Commonly initiate Expert Determination Agreements for large construction or infrastructure projects in Saudi Arabia
• Technical Experts: Qualified professionals who conduct investigations and provide binding determinations on specialized disputes
• Legal Counsel: Draft and review agreements to ensure compliance with Saudi law and Sharia principles
• Industry Specialists: Particularly in oil and gas, technology, and engineering sectors, who rely on expert determinations
• Government Entities: Often parties to these agreements in public infrastructure projects or when overseeing major developments

• Project Details: Gather technical specifications, project timeline, and scope of potential disputes requiring expert determination
• Expert Criteria: Define required qualifications, experience, and specific expertise needed for the potential technical issues
• Process Timeline: Establish clear deadlines for expert selection, submissions, and final determination aligned with project milestones
• Cost Structure: Determine expert fees, administrative costs, and payment responsibilities between parties
• Compliance Check: Ensure alignment with Saudi commercial laws and Sharia principles through our platform's automated validation

• Parties Identification: Full legal names, addresses, and authorized representatives of all involved entities
• Expert Qualifications: Specific requirements and selection process for the expert, aligned with Saudi professional standards
• Scope Definition: Clear description of technical matters subject to determination and excluded issues
• Procedural Rules: Detailed process for submissions, evidence gathering, and decision-making timeframes
• Binding Effect: Clear statement on the determination's finality and enforcement mechanism under Saudi law
• Confidentiality Terms: Provisions protecting sensitive technical and commercial information
• Cost Allocation: Clear distribution of expert fees and associated expenses between parties

An Expert Determination Agreement differs significantly from an Arbitration Agreement in the Saudi legal system. While both offer alternatives to court litigation, they serve distinct purposes and operate under different frameworks.

• Scope and Purpose: Expert determination focuses specifically on technical or specialized issues requiring deep subject-matter expertise, while arbitration handles broader legal and commercial disputes
• Decision Maker's Role: The expert acts as a specialist investigator making technical determinations, whereas arbitrators function more like judges weighing legal arguments and evidence
• Procedural Requirements: Expert determination follows simpler, more flexible procedures compared to arbitration's formal hearing process under Saudi arbitration law
• Time and Cost: Expert determination typically offers faster resolution and lower costs for technical matters, making it preferred for specific technical disputes in ongoing projects
• Enforcement Framework: While arbitration awards have specific enforcement mechanisms under Saudi law, expert determinations rely more on contractual obligations between parties