# What Are the Grounds for Challenging an Expert Determiner's Final Valuation? ▴ Question

**Published:** 2025-07-30
**Categories:** Question

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## Concept

An expert determiner’s valuation is an instrument of commercial finality, engineered to resolve disputes with speed and precision. Its integrity is predicated on a shared, contractual understanding that the appointed expert will execute a specific, agreed-upon mandate. The system is designed for conclusiveness, shielding the outcome from the protracted appeals inherent in litigation. Therefore, a challenge to this valuation is not an appeal on the merits of the price itself; it is an assertion that the fundamental mechanics of the determination process were compromised.

The grounds for such a challenge are narrow and absolute, targeting deviations from the core protocol rather than disagreements with the expert’s judgment. This is a critical distinction for any principal engaging in such a process. The power of [expert determination](https://prime.greeks.live/area/expert-determination/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) lies in its binding nature; the recourse against it lies in demonstrating a [procedural failure](https://prime.greeks.live/question/what-is-the-procedural-impact-of-market-disruption-on-the-timing-of-a-close-out-valuation/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) so significant that it invalidates the outcome.

The entire framework of expert determination operates on a contractual basis. It is a private mechanism established by the parties to resolve a specific technical or valuation question, bypassing the formal structure of court systems or arbitration tribunals. The authority of the expert is derived entirely from the contract that appoints them. This contractual foundation is the source of both the process’s efficiency and its rigidity.

The parties define the rules of engagement, the scope of the expert’s inquiry, and the finality of the decision. When a dispute arises regarding the valuation, the first point of analysis is always the text of the agreement itself. The document dictates the operational parameters and, by extension, the legitimate bases for any subsequent challenge.

> A challenge targets the integrity of the valuation process, not the valuation figure itself.

Understanding this architecture is essential. A principal who believes the valuation is incorrect must reframe their analysis from “the price is wrong” to “the agreed-upon process was violated.” This shift in perspective is the gateway to a successful challenge. The legal system gives significant deference to the decisions of an appointed expert, operating under the assumption that the parties, in designing the contract, accepted the risk of an imperfect but final answer.

The courts will not intervene simply because one party is unhappy with the outcome or because the expert made a mistake in their calculations, unless that mistake rises to the level of a “[manifest error](https://prime.greeks.live/area/manifest-error/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite)” or demonstrates a complete failure to adhere to instructions. The system is built to provide a definitive commercial result, and the barriers to undoing that result are correspondingly high.

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## Strategy

A strategic approach to expert determination begins long before a dispute arises. It is embedded in the initial drafting of the commercial agreement. The architecture of the dispute resolution clause dictates the terrain of any future conflict.

A well-designed clause acts as a control system, defining the expert’s jurisdiction, the procedural rules, and the precise grounds upon which a determination can be questioned. A poorly constructed clause creates ambiguity, inviting costly and time-consuming satellite litigation to interpret the process itself.

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## Designing the Determination Protocol

The primary strategic decision involves defining the finality of the expert’s valuation. The contract can stipulate that the decision is “[final and binding](https://prime.greeks.live/area/final-and-binding/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite),” which provides maximum certainty but severely restricts recourse. Alternatively, it can build in specific, limited avenues for challenge.

The most common of these is “manifest error,” a high-threshold test requiring an error that is plain and obvious on its face. The choice between these options depends on the context of the transaction, the potential magnitude of the valuation, and the parties’ appetite for risk versus certainty.

A second strategic layer involves the meticulous definition of the expert’s mandate. Vague instructions are a primary source of procedural failure. The contract must be explicit about the asset to be valued, the valuation date, the specific methodologies to be employed (or excluded), and the information the expert is to consider. This detailed instruction set serves a dual purpose.

It guides the expert toward a compliant determination and simultaneously creates a clear benchmark against which their work can be measured. A [material departure](https://prime.greeks.live/area/material-departure/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite) from these instructions is one of the strongest grounds for a challenge.

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## Comparative Clause Architectures

The table below compares two common strategic frameworks for drafting expert determination clauses. The “Maximum Certainty” model prioritizes speed and finality, while the “Structured Oversight” model builds in limited checks to guard against egregious errors, at the cost of some finality.

| Clause Component | Maximum Certainty Framework | Structured Oversight Framework |
| --- | --- | --- |
| Finality Statement | “The expert’s determination shall be final and binding on the parties for all purposes and there shall be no right of appeal or review.” | “The expert’s determination shall be final and binding on the parties, save in the case of fraud, bias, or manifest error.” |
| Expert’s Mandate | Broad discretion granted to the expert to determine the appropriate valuation methodology. | Specifies permitted valuation methodologies (e.g. DCF, comparable company analysis) and may require the expert to show their work. |
| Reasons | The expert is not required to provide reasons for their determination. | The expert is required to provide a reasoned decision, explaining how the valuation was reached and how the evidence was applied. |
| Challenge Window | No provision for a challenge period. Enforcement is immediate. | A limited period (e.g. 15 business days) during which a party may issue a notice of dissatisfaction on the specified grounds. |

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## What Is the Best Strategy for Selecting an Expert?

The selection of the determiner is another critical strategic node. The agreement should contain a clear mechanism for choosing the expert. This can range from naming a specific individual or firm in the contract to outlining a process where each party nominates a candidate and a third party (such as a professional body) makes the final appointment if the parties cannot agree. The key is to avoid deadlock.

When evaluating potential experts, parties should consider not only their technical expertise but also their experience in the determination process itself. An expert who understands the quasi-judicial nature of their role is less likely to make procedural errors that could invalidate their finding. Due diligence on the expert’s past work and potential conflicts of interest is a vital risk mitigation step to defend against later claims of bias.

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## Execution

Executing a challenge to an expert’s valuation requires a disciplined, evidence-based approach. The burden of proof rests entirely on the party initiating the challenge. The court or arbitral tribunal will not re-evaluate the asset; it will only examine whether the determination process was executed in accordance with the contract. Success depends on constructing a compelling case, grounded in one of the few recognized categories of procedural failure.

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## Grounds for Challenge a Detailed Breakdown

A challenge is not a single action but a targeted assault on a specific procedural failure. Each ground requires a distinct type of evidence and a unique line of argumentation.

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## Material Departure from Instructions

This is often the most viable path to a successful challenge. It asserts that the expert failed to perform the specific task they were retained to do. This is not a critique of their professional judgment but a factual claim about their adherence to the mandate.

- **Core Assertion** ▴ The expert answered the wrong question.

- **[Evidentiary Requirements](https://prime.greeks.live/question/how-do-regulatory-changes-like-mifid-ii-affect-transparency-requirements-for-rfq-trades/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite)** ▴ The challenge requires a direct comparison between the contractual instructions and the expert’s final report. Clear evidence could include valuing the wrong company, using a valuation date other than the one specified, or employing a valuation methodology that was expressly forbidden in the terms of reference.

- **[Strategic Execution](https://prime.greeks.live/question/what-is-the-strategic-value-of-an-rfq-only-platform/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite)** ▴ The argument must be precise. For instance, if the contract required a valuation based on “audited financial statements,” and the expert relied on unaudited management accounts, this represents a clear departure. The key is to demonstrate that this departure was “material,” meaning it had a tangible impact on the final valuation.

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## Fraud or Collusion

This is the most serious allegation and carries the highest evidentiary burden. It asserts that the determination was the result of deliberate deceit or conspiracy.

- **Core Assertion** ▴ The process was corrupted by dishonesty.

- **Evidentiary Requirements** ▴ This requires concrete proof of wrongdoing. Examples could include concealed communications between the expert and one party, falsified evidence being knowingly submitted and relied upon, or evidence of a bribe or other improper inducement.

- **Strategic Execution** ▴ Mere suspicion is insufficient. The challenging party needs to present evidence that directly points to fraudulent intent. Given the difficulty in obtaining such evidence, this ground is rarely used unless there is a clear “smoking gun.”

> The viability of a challenge hinges on demonstrating a clear violation of the agreed-upon procedural framework.

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## Bias or Partiality

This ground contends that the expert was not impartial and that their prejudice influenced the outcome.

- **Core Assertion** ▴ The expert was not an independent adjudicator.

- **Evidentiary Requirements** ▴ Evidence might include an undisclosed prior business or personal relationship between the expert and one of the parties, statements made by the expert indicating favoritism, or a pattern of procedural rulings that consistently and unfairly disadvantage one side.

- **Strategic Execution** ▴ The challenging party must show that a “real possibility” of bias existed. The test is objective ▴ would a fair-minded and informed observer conclude that there was a genuine possibility of bias? It does not require proving that bias actually occurred, but the appearance of partiality must be substantial.

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## Manifest Error

This is a narrow and frequently misunderstood ground. It applies only when the contract explicitly allows for challenges on this basis. It is not an opportunity to correct any mistake, but only one that is obvious and undeniable.

- **Core Assertion** ▴ The expert made a blunder so obvious it requires no investigation to identify.

- **Evidentiary Requirements** ▴ The error must be apparent on the face of the determination itself. Examples might include a clear mathematical mistake in a calculation, transposing numbers, or basing a valuation on a non-existent asset. The error must be “manifest,” meaning plain and obvious.

- **Strategic Execution** ▴ The challenging party cannot introduce new evidence. The argument is confined to the expert’s report. One must demonstrate that the error is indisputable and that it had a material effect on the final valuation figure.

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## How Does One Assemble a Case for a Challenge?

Building a case requires a systematic process of evidence gathering and analysis. The following table outlines the key steps and considerations for constructing a robust challenge.

| Procedural Step | Key Actions | Strategic Considerations |
| --- | --- | --- |
| 1. Contractual Analysis | Scrutinize the expert determination clause to identify the exact scope of the expert’s mandate and the agreed-upon grounds for challenge (e.g. “final and binding” vs. “save for manifest error”). | This step defines the legal battlefield. The entire challenge must be framed within the language of the contract. |
| 2. Determination Review | Conduct a forensic review of the expert’s report, comparing it line-by-line against the contractual instructions. Map every step of the expert’s process. | Look for deviations, inconsistencies, and logical leaps. This is where evidence of material departure or manifest error is found. |
| 3. External Evidence Gathering | Collect any external evidence that may support a claim of fraud or bias. This could include public records, witness statements, or electronic communications. | This is the most difficult stage and often requires legal counsel and forensic investigators. The evidence must be compelling. |
| 4. Quantification of Impact | Demonstrate that the alleged procedural failure had a material impact on the valuation outcome. A minor, inconsequential error is not grounds for a successful challenge. | This step is crucial. The court needs to see that correcting the procedural failure would have led to a significantly different result. |
| 5. Formal Notice of Challenge | Issue a formal notice of challenge to the other party, clearly stating the grounds for the challenge and summarizing the supporting evidence. Follow the procedural requirements of the underlying contract. | Adherence to contractual deadlines and notice provisions is critical. Failure to follow these procedures could invalidate the challenge itself. |

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## What Constitutes an Actionable Error in a Valuation Report?

An actionable error is a mistake that transcends mere disagreement with an expert’s judgment. It must fall into one of the recognized categories of procedural failure. For example, if an expert is instructed to value a technology company based on a 5-year discounted cash flow model but instead uses a 3-year model because they believe it is more appropriate, that is a [material departure from instructions](https://prime.greeks.live/area/material-departure-from-instructions/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite). The expert’s belief about the appropriateness of the model is irrelevant; what matters is their failure to follow the agreed-upon protocol.

In contrast, if the expert uses the correct 5-year model but their assumptions about future revenue growth are considered pessimistic by one party, that is generally a matter of professional judgment and not grounds for a challenge. The distinction lies between process violation and judgment disagreement. The former is potentially actionable; the latter is almost always not.

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## References

- Ashurst. “Quickguide – Expert Determination.” Ashurst, 2023.

- Norton Rose Fulbright. “Use of expert determination mechanisms.” Norton Rose Fulbright, 2022.

- Clark, Hannah. “Using expert determination as a means of dispute resolution ▴ key considerations.” BDB Pitmans, 11 June 2021.

- Cantor, David, and Jonathan Ellis. “The Use of Expert Determinations to Resolve Sale and Purchase and Valuation Disputes.” BDO, 2018.

- Honey & Co. “Expert determinations ▴ Perhaps the quickest, most sensible and most cost effective process for resolving disputes?” Honeycomb Group, 2020.

- Barclays Bank plc v Nylon Capital LLP EWCA Civ 826.

- Jones v Sherwood Computer Services plc 1 W.L.R 277.

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## Reflection

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## Integrating Protocol Integrity into Your Framework

The integrity of an expert valuation is a function of the system that produces it. Understanding the grounds for a challenge provides more than a remedial tool; it offers a design philosophy for constructing more robust and predictable dispute resolution mechanisms from the outset. Reflect on your own firm’s approach to drafting these clauses. Are they treated as boilerplate, or are they engineered with the same precision as the financial models they are meant to validate?

A proactive focus on defining the expert’s mandate with absolute clarity, establishing transparent procedures, and carefully selecting the determiner can inoculate a transaction against the majority of potential disputes. The knowledge of how these systems can fail is the blueprint for building them to succeed. The ultimate strategic advantage is found not in winning a challenge, but in creating a contractual architecture so clear and effective that a challenge becomes unnecessary.

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## Glossary

<a href="https://prime.greeks.live/area/expert-determination/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Expert Determination

Meaning ▴ Expert Determination designates a structured dispute resolution process where parties contractually appoint an independent third-party expert to render a binding decision on a specific technical or valuation matter. </a><a href="https://prime.greeks.live/question/what-is-the-procedural-impact-of-market-disruption-on-the-timing-of-a-close-out-valuation/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
![A light blue sphere, representing a Liquidity Pool for Digital Asset Derivatives, balances a flat white object, signifying a Multi-Leg Spread Block Trade. This rests upon a cylindrical Prime Brokerage OS EMS, illustrating High-Fidelity Execution via RFQ Protocol for Price Discovery within Market Microstructure](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-derivatives-rfq-execution-prime-os-high-precision.jpg)

## Procedural Failure

A market disruption triggers a conditional postponement of valuation, escalating to a structured, agent-driven determination if the disruption persists. </a><a href="https://prime.greeks.live/area/manifest-error/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
![An institutional-grade platform's RFQ protocol interface, with a price discovery engine and precision guides, enables high-fidelity execution for digital asset derivatives. Integrated controls optimize market microstructure and liquidity aggregation within a Principal's operational framework](https://options.greeks.live/wp-content/uploads/2025/07/proprietary-institutional-digital-asset-derivatives-rfq-protocol-engine-facilitating-high-fidelity-execution-and-granular-market-microstructure-analysis-for-prime-os.jpg)

## Manifest Error

Meaning ▴ A clear, undeniable, and objectively verifiable error in data, pricing, or system operation immediately apparent without subjective interpretation. </a><a href="https://prime.greeks.live/area/final-and-binding/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
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## Final and Binding

Meaning ▴ The term "Final and Binding" denotes an immutable state within a transactional lifecycle where a digital asset derivative trade or settlement is irrevocably confirmed, signifying that all conditions have been met and the transaction cannot be reversed or challenged. </a><a href="https://prime.greeks.live/area/material-departure/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
![Abstract composition features two intersecting, sharp-edged planes—one dark, one light—representing distinct liquidity pools or multi-leg spreads. Translucent spherical elements, symbolizing digital asset derivatives and price discovery, balance on this intersection, reflecting complex market microstructure and optimal RFQ protocol execution](https://options.greeks.live/wp-content/uploads/2025/07/precision-digital-asset-derivatives-rfq-execution-market-microstructure.jpg)

## Material Departure

Meaning ▴ A Material Departure constitutes a quantifiable, significant deviation from a predefined operational baseline, expected market state, or system performance threshold. </a><a href="https://prime.greeks.live/question/how-do-regulatory-changes-like-mifid-ii-affect-transparency-requirements-for-rfq-trades/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
![A segmented teal and blue institutional digital asset derivatives platform reveals its core market microstructure. Internal layers expose sophisticated algorithmic execution engines, high-fidelity liquidity aggregation, and real-time risk management protocols, integral to a Prime RFQ supporting Bitcoin options and Ethereum futures trading](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-derivatives-prime-os-core-microstructure.jpg)

## Evidentiary Requirements

MiFID II re-architects information flow, mandating post-trade transparency while enabling discreet RFQ execution via calibrated waivers. </a><a href="https://prime.greeks.live/question/what-is-the-strategic-value-of-an-rfq-only-platform/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
![Angular dark planes frame luminous turquoise pathways converging centrally. This visualizes institutional digital asset derivatives market microstructure, highlighting RFQ protocols for private quotation and high-fidelity execution](https://options.greeks.live/wp-content/uploads/2025/07/high-fidelity-rfq-protocols-for-institutional-digital-assets.jpg)

## Strategic Execution

An RFQ-only platform provides a strategic edge by enabling discreet, large-scale risk transfer with minimal market impact. </a><a href="https://prime.greeks.live/area/material-departure-from-instructions/?utm_source=options.greeks.live&utm_medium=referral&utm_campaign=satellite" class="glossary-item-box">
![Segmented circular object, representing diverse digital asset derivatives liquidity pools, rests on institutional-grade mechanism. Central ring signifies robust price discovery a diagonal line depicts RFQ inquiry pathway, ensuring high-fidelity execution via Prime RFQ](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-derivatives-rfq-engine-for-high-fidelity-execution.jpg)

## Material Departure from Instructions

Meaning ▴ A Material Departure from Instructions signifies a quantifiable breach of predefined execution parameters or directives issued by a Principal to an executing agent or automated system. </a>

**Tags:** [Material Departure from Instructions](https://options.greeks.live/area/material-departure-from-instructions/), [Procedural Fairness](https://options.greeks.live/area/procedural-fairness/), [Valuation Challenge](https://options.greeks.live/area/valuation-challenge/), [Share Valuation](https://options.greeks.live/area/share-valuation/), [Contractual Dispute Resolution](https://options.greeks.live/area/contractual-dispute-resolution/), [Material Departure](https://options.greeks.live/area/material-departure/)	

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The duty of fairness is applied rigidly in tenders through the binding 'Contract A', while in RFPs it is a more flexible obligation of good faith.

- 
### [When Is Including a ‘Manifest Error’ Clause in an Expert Determination Agreement Strategically Advisable?](https://options.greeks.live/question/when-is-including-a-manifest-error-clause-in-an-expert-determination-agreement-strategically-advisable/)
![Interlocking transparent and opaque components on a dark base embody a Crypto Derivatives OS facilitating institutional RFQ protocols. This visual metaphor highlights atomic settlement, capital efficiency, and high-fidelity execution within a prime brokerage ecosystem, optimizing market microstructure for block trade liquidity.](https://options.greeks.live/wp-content/uploads/2025/07/modular-framework-for-crypto-derivatives-os-rfq-protocol-aggregation.jpg)

Including a 'manifest error' clause is strategically advisable for objective, quantitative disputes to ensure correctness without sacrificing finality.

- 
### [What Is the Role of the Expert’s Mandate in Preventing Future Legal Disputes?](https://options.greeks.live/question/what-is-the-role-of-the-experts-mandate-in-preventing-future-legal-disputes/)
![A precise, multi-layered disk embodies a dynamic Volatility Surface or deep Liquidity Pool for Digital Asset Derivatives. Dual metallic probes symbolize Algorithmic Trading and RFQ protocol inquiries, driving Price Discovery and High-Fidelity Execution of Multi-Leg Spreads within a Principal's operational framework.](https://options.greeks.live/wp-content/uploads/2025/07/institutional-grade-rfq-protocol-mechanism-for-digital-asset-derivatives-price-discovery-and-high-fidelity-execution-via-prime-os.jpg)

The expert's mandate is a contractual mechanism for resolving technical disputes with finality, preventing escalation to costly litigation.

- 
### [What Is the Best Way to Handle Questions from Proponents during a Live Rfp Process?](https://options.greeks.live/question/what-is-the-best-way-to-handle-questions-from-proponents-during-a-live-rfp-process/)
![Precision-engineered institutional grade components, representing prime brokerage infrastructure, intersect via a translucent teal bar embodying a high-fidelity execution RFQ protocol. This depicts seamless liquidity aggregation and atomic settlement for digital asset derivatives, reflecting complex market microstructure and efficient price discovery.](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-derivatives-rfq-protocol-prime-os-core.jpg)

A structured, centralized communication protocol for RFP questions is the best way to ensure fairness and mitigate risk.

- 
### [What Are the Specific Procedural Steps a Consumer Must Follow to Escalate a Complaint to an Ombudsman?](https://options.greeks.live/question/what-are-the-specific-procedural-steps-a-consumer-must-follow-to-escalate-a-complaint-to-an-ombudsman/)
![A luminous, miniature Earth sphere rests precariously on textured, dark electronic infrastructure with subtle moisture. This visualizes institutional digital asset derivatives trading, highlighting high-fidelity execution within a Prime RFQ. It represents the delicate balance of price discovery and latency in an RFQ protocol, managing counterparty risk across global market microstructure.](https://options.greeks.live/wp-content/uploads/2025/07/global-digital-asset-derivatives-rfq-protocol-execution-engine-underpinning-institutional-market-microstructure-with-precision.jpg)

Escalate a complaint by first exhausting the company's internal process, then file a detailed, evidence-based case with the correct ombudsman.

- 
### [Can a Level 1 Asset Valuation with a Quoted Price Be Challenged in Court?](https://options.greeks.live/question/can-a-level-1-asset-valuation-with-a-quoted-price-be-challenged-in-court/)
![A complex sphere, split blue implied volatility surface and white, balances on a beam. A transparent sphere acts as fulcrum. This illustrates institutional digital asset derivative RFQ execution, enabling optimal price discovery, leveraging Prime RFQ for high-fidelity execution across fragmented market microstructure and dark liquidity pools.](https://options.greeks.live/wp-content/uploads/2025/07/institutional-digital-asset-derivatives-rfq-execution-balancing-liquidity.jpg)

A Level 1 asset valuation can be challenged by legally demonstrating the market was inactive or the quoted price was from a non-orderly transaction.

- 
### [What Are the Legal Implications of Changing Evaluation Criteria after an Rfp Is Issued?](https://options.greeks.live/question/what-are-the-legal-implications-of-changing-evaluation-criteria-after-an-rfp-is-issued/)
![Abstract forms on dark, a sphere balanced by intersecting planes. This signifies high-fidelity execution for institutional digital asset derivatives, embodying RFQ protocols and price discovery within a Prime RFQ. It represents market microstructure, managing latent liquidity and counterparty risk for block trades.](https://options.greeks.live/wp-content/uploads/2025/07/digital-asset-derivatives-rfq-platform-microstructure-execution-prime-os.jpg)

Altering RFP evaluation criteria post-issuance breaches the implied contract of fair process, exposing the issuer to significant legal and reputational risk.

- 
### [What Is the Difference between a Facilitator and a Project Manager in the RFP Process?](https://options.greeks.live/question/what-is-the-difference-between-a-facilitator-and-a-project-manager-in-the-rfp-process/)
![An abstract, angular, reflective structure intersects a dark sphere. This visualizes institutional digital asset derivatives and high-fidelity execution via RFQ protocols for block trade and private quotation. It represents liquidity pool access and price discovery within market microstructure on a Prime RFQ.](https://options.greeks.live/wp-content/uploads/2025/07/prime-os-rfq-protocols-for-high-fidelity-digital-asset-execution.jpg)

The Project Manager architects the RFP's temporal and resource structure; the Facilitator engineers the unbiased, high-fidelity flow of information within it.

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                "text": "The selection of the determiner is another critical strategic node. The agreement should contain a clear mechanism for choosing the expert. This can range from naming a specific individual or firm in the contract to outlining a process where each party nominates a candidate and a third party (such as a professional body) makes the final appointment if the parties cannot agree. The key is to avoid deadlock. When evaluating potential experts, parties should consider not only their technical expertise but also their experience in the determination process itself. An expert who understands the quasi-judicial nature of their role is less likely to make procedural errors that could invalidate their finding. Due diligence on the expert's past work and potential conflicts of interest is a vital risk mitigation step to defend against later claims of bias."
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---

**Original URL:** https://options.greeks.live/question/what-are-the-grounds-for-challenging-an-expert-determiners-final-valuation/
