Many commercial leases provide a third-party route where the landlord and tenant cannot agree the reviewed rent. Two common mechanisms are independent expert determination and arbitration.
Independent expert
An independent expert normally acts as an expert rather than as a tribunal and may use their own expertise, subject to the lease and applicable procedure.
Arbitration
An arbitrator performs a different adjudicative role. The parties submit evidence and argument and the arbitrator determines the dispute in accordance with the arbitration framework and lease.
Check the lease
The lease determines which mechanism applies and how appointment is made. The procedural and costs implications can be important, so professional and legal advice may be appropriate before referral.
