When may an adjudicator appoint an expert or assessor to assist with the decision?
An adjudicator may be able to obtain expert assistance under the applicable rules or appointment terms. Authority to appoint does not remove the duty to conduct a fair process or permit reliance on undisclosed material reasoning.
Confirm the power and remit, then disclose every material expert conclusion for a fair opportunity to respond
The first question is whether the contract, adjudication rules or agreed appointment terms authorise expert assistance. Party agreement is prudent where the power is uncertain, but it is not safe to state that consent is invariably required under every procedure. The adjudicator should define the expert's task, notify both parties, control any direct contact, disclose material reports and calculations, and allow proportionate submissions before deciding. Consent to the appointment does not necessarily waive an objection to an undisclosed method or later report.
| Issue | Position |
|---|---|
| Express power to appoint | Use within its stated limits |
| Power uncertain | Seek written party agreement |
| Expert remit | Define and circulate |
| Material report or methodology | Disclose for comment |
| Undisclosed decisive analysis | Enforcement risk |
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