Common use of Appointment of a single Expert Clause in Contracts

Appointment of a single Expert. The Party requesting the appointment of an expert shall notify the other Party hereof by registered mail, mentioning the details of the matter which is proposed to be submitted to the expert. Upon receipt of such registered notice the submission of the matter to expert opinion, each Party shall nominate three proposed experts in order of preference. The Parties agree to appoint the expert whose name appears in common on the lists of both Parties. If the lists contain more than one common name, the expert with the highest combined preference shall be appointed. If this process results in a tie the Parties shall promptly discuss the matter to seek agreement on the expert to be chosen. If the Parties fail within ten (10) Business Days after receipt of the registered mail to select an expert in the manner prescribed (including, without limitation, the case in which the Parties’ lists contain no name in common), the most diligent Party may request the ICC International Centre for Expertise to appoint the expert in accordance with the ICC Selection Rules as then in force. Upon an expert being agreed or selected, under the foregoing provisions of this Clause 6.3, the most diligent Party shall forthwith notify such expert of his selection and shall request him within ten (10) Business Days to indicate whether or not he is willing and able to accept the appointment and the compensation conditions of its intervention (the “Acceptance”). If such expert is either unwilling or unable to accept such appointment or has not indicated his willingness and ability to accept such appointment or that no agreement can be reached regarding the compensation conditions within the said period of ten (10) Business Days, then the procedure as described under paragraph ’Appointment of a single expert’ above shall again be applied to nominate an expert and this process shall be repeated until an expert is found who accepts appointment. The date on which the expert notifies the Acceptance shall be the date of his appointment.

Appointment of a single Expert. The Party requesting the appointment of an expert shall notify the other Party hereof by registered mail, mentioning the details of the matter which is proposed to be submitted to the expert. Upon receipt of such registered notice the submission of the matter to expert opinion, each Party shall nominate three proposed experts in order of preference. The Parties agree to appoint the expert whose name appears in common on the lists of both Parties. If the lists contain more than one common name, the expert with the highest combined preference shall be appointed. If this process results in a tie or if the lists do not contain any common name or if one of the Parties does not nominate any expert, the Parties shall promptly discuss the matter to seek agreement on the expert to be chosen. If the Parties fail within ten (10) Business Days after receipt of the registered mail to select an expert in the manner prescribed (including, without limitation, the case in which the Parties’ lists contain no name in common), the most diligent Party may request the ICC International Centre for Expertise to appoint the expert in accordance with the ICC Selection Rules as then in force. Upon an expert being agreed or selected, under the foregoing provisions of this Clause 6.3, the most diligent Party shall forthwith notify such expert of his selection and shall request him within ten (10) Business Days to indicate whether or not he is willing and able to accept the appointment and the compensation conditions of its intervention (the “Acceptance”). If such expert is either unwilling or unable to accept such appointment or has not indicated his willingness and ability to accept such appointment or that no agreement can be reached regarding the compensation conditions within the said period of ten (10) Business Days, then the procedure as described under paragraph ’Appointment of a single expert’ above shall again be applied to nominate an expert and this process shall be repeated until an expert is found who accepts appointment. The date on which the expert notifies the Acceptance shall be the date of his appointment.