Expert determination

Legal framework

Under German law, expert determination proceedings are governed by Sections 315 - 319 of the German Civil Code ("BGB"), either directly or by analogy.

However, as these sections are neither mandatory nor conclusive, the content and structure of each expert determination remains in the hands of the parties.

The parties are free to select the expert, define their tasks and obligations, and set-up the procedural steps the expert shall follow in the formation of their opinion. The parties may also define whether and to what extent the expert's opinion is binding. The default rule provided by Section 319 BGB is that the opinion is binding unless it is evidently unequal. This decision is to  be determined by the state court or arbitral tribunal.