Expert determination is an ADR method where
parties submit disputes to an expert for a binding decision. Those opting for
this method seek specific attributes in the expert, particularly independence
and impartiality. The expert’s duty of independence cannot be assumed, as it is
not mandated by Spanish law. However, the term “independent expert” is often
used interchangeably with “expert”, which is misleading. As a contractual duty,
the parties must explicitly stipulate the expert’s independence and impartiality.
The objective of this article is to provide a thorough explanation of the
expert’s duty of independence within the framework of Spanish law. We aim to
offer criteria that, if followed, will ensure the enforceability of this duty.