Expert determination clause and terms of reference: drafting note
This is a commentary on the expert determination clause and Terms of reference. (The expert determination clause envisages that a separate clause in the relevant agreement will set out the actual basis for valuation.) Information essential to this commentary is contained in Practice note, Expert determination. Rather than reproduce this information, the reader is cross-referred to the Practice note. References in this commentary are to Standard clause, Expert determination clause and Standard document,Terms of reference.