A contractual clause providing that, in the event of a disagreement on the insurability of a loss or the amount of the indemnity, the parties may proceed by way of a joint expert assessment or arbitration only by mutual agreement, as an alternative to recourse to the courts, does not constitute an arbitration clause derogating from judicial jurisdiction, but constitutes an optional contractual expert determination, the conduct of which is conditional upon the consent of both parties.
A contractual expert determination, as opposed to an arbitration, exists where the parties refer to third parties, chosen for their particular technical expertise, the task of formulating a technical assessment that the parties undertake to accept as a direct expression of their contractual will, with questions relating to the validity and effectiveness of the insurance cover being excluded from the mandate.