An expert determination clause providing for final and binding determination of specific categories of dispute does not oust the jurisdiction of the courts and is valid. However, a court may refuse to stay proceedings where the disputes involve questions of mixed fact and law, disputed factual matters requiring adjudication, or matters outside the expert's field of expertise, particularly where the agreement contains no procedural fairness requirements. Where some claims must be determined by the court, the court should determine all claims rather than splitting the dispute.
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4 of the 38 citing cases carry a classified treatment. How each court treated it is available to signed-in members.