Power
Expert Determination (Condition Precedent)
Expert Determination strategy for IPP and power disputes where technical or tariff issues must be resolved before arbitration can proceed.
Expert Determination frequently operates as a contractual gateway. MSJC advises on appointment strategy, clause architecture, and the presentation of technical and quantum issues so that determinations are fast, disciplined, and defensible within the broader dispute pathway.
Scope of Engagement
This work typically includes:
- Independent expert appointment strategy
- Tariff and technical determinations
- Fast-track procedural design
- Expert Determination clause drafting and review
- Preparation of determination submissions
- Alignment between determination outcomes and future arbitration strategy
Strategic Positioning
Our approach treats ED as more than a narrow technical step:
- ED as a condition precedent or gateway before arbitration
- Integration of technical and quantum positions
- Protection against procedural drift and jurisdictional challenge
- Disciplined framing of the determination question
- Use of ED to narrow later arbitral issues
Common Use Cases
We are usually instructed where the dispute concerns:
- Tariff adjustment or payment triggers
- Technical performance obligations
- Milestone or condition precedent compliance
- Measurement and valuation disagreements
- The wording or enforceability of an ED clause
How We Work
Delivery Framework
Define the determination issue with precision
Structure submissions around technical and quantum coherence
Manage the appointment and procedural timetable
Position the matter for the next stage if arbitration follows
Related Power Work
Adjacent Capabilities
Power Enquiries
Discuss Expert Determination Strategy
Use this route where an Expert Determination clause may operate as a gateway before arbitration, or where a tariff, technical, or valuation issue requires fast-track independent determination.
Instruction Focus
This is appropriate for disputes involving appointment strategy, clause wording, procedural design, and the integration of technical and quantum issues.