Where a dispute resolution clause provides that an expert determination is final and binding 'unless a party gives notice of appeal', and the subsequent negotiation procedure is exhausted without the determination being reversed, the determination remains final and binding. The liberal approach to construction of dispute resolution clauses (Francis Travel, Fiona Trust, Comandate Marine) applies equally to expert determination clauses as to arbitration clauses. Parties cannot unilaterally render an expert determination ineffective merely by giving notice of appeal and then failing to reach agreement in negotiations.
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