Q.  Appoint the right expert for expert determination

As with other forms of third party recommendations (such as mediation), the choice of expert is vital. The expert must be appropriately experienced and trusted by the parties, otherwise there is a chance their decisions will not be followed. For example, the party that is unhappy with the determination may not comply with the determination until the determination has been confirmed by a court proceeding or arbitration.

The Procuring Authority needs to keep in mind that PPP contracts are complex and typically quite bespoke. If the experts come with a pre-determined approach (e.g. an approach similar to that which would be used for a determination in relation to a traditional construction contract) they might have a tendency to apply such concepts also to a PPP contract, which will not end with a positive or correct outcome.