Appointment of a single Expert Sample Clauses

Appointment of a single Expert. The procedure for the appointment of an Expert shall be as follows: a) The Party requesting the appointment of an Expert shall notify the other Party hereof by registered mail, mentioning details of the matter which is proposed to be resolved by the Expert. b) Upon receipt of the written request, the Parties shall meet as soon as possible in an endeavour to agree upon the appointment of a single Expert to whom the matter in dispute shall be referred for opinion within five (5) Business Days after such notification. c) If the Parties fail to meet or cannot agree on an Expert within five (5) Business Days from the dispatch date of the said registered notice, the most diligent Party will refer the matter either to the President for the time being of the Belgian Centre for Mediation and Arbitration (CEPANI), Brussels, or the President of the Commercial Court in Brussels in accordance with Article 588 of the Belgian Judicial Code, who shall be requested to appoint an Expert. The jurisdictional authority firstly seized (between the President of the CEPANI and the President of the Brussels Commercial Court) shall have exclusive jurisdiction to appoint the Expert. d) Once the Expert has been appointed, the most diligent Party shall notify within five (5) Business Days after his/her appointment such Expert of his/her appointment and shall request him/her in writing to indicate, within five (5) Business Days from the date of his/her appointment, whether or not he/she is willing and able to accept the appointment. e) If such Expert does not or cannot accept his/her appointment for whatever reason, within the said period of five (5) Business Days then the matter shall again be referred (by either Party) in the manner aforesaid to the President of the CEPINA or the Brussels Commercial Court, unless the Parties commonly agree on the appointment of another Expert. This procedure shall be repeated until an Expert is found who accepts the appointment.