Expert Determination. If a Dispute is referred under this agreement to proceed to expert determination, then the following provisions apply:
Expert Determination. For any decision referred to an expert under Articles [8.4, 12.2 or 12.3], the Parties hereby agree that such decision shall be conducted expeditiously by an expert selected unanimously by the parties to the Dispute. The expert is not an arbitrator of the Dispute and shall not be deemed to be acting in an arbitral capacity. The Party desiring an expert determination shall give the other parties to the Dispute written notice of the request for such determination. If the parties to the Dispute are unable to agree upon an expert within ten (10) Days after receipt of the notice of request for an expert determination, then, upon the request of any of the parties to the Dispute, the International Centre for Expertise of the International Chamber of Commerce (ICC) shall appoint such expert and shall administer such expert determination through the ICC’s Rules for Expertise. The expert, once appointed, shall have no ex parte communications with any of the parties to the Dispute concerning the expert determination or the underlying Dispute. All Parties agree to cooperate fully in the expeditious conduct of such expert determination and to provide the expert with access to all facilities, books, records, documents, information and personnel necessary to make a fully informed decision in an expeditious manner. Before issuing his final decision, the expert shall issue a draft report and allow the parties to the Dispute to comment on it. The expert shall endeavor to resolve the Dispute within thirty (30) Days (but no later than sixty (60) Days) after his appointment, taking into account the circumstances requiring an expeditious resolution of the matter in dispute. The expert’s decision shall be final and binding on the parties to the Dispute unless challenged in an arbitration pursuant to Article 18.2(D) within sixty (60) Days of the date the expert’s final decision is received by the parties to the Dispute and until replaced by such subsequent arbitral award. In such arbitration (i) the expert determination on the specific matter under Articles [8.4, 12.2 or 12.3] shall be entitled to a rebuttable presumption of correctness; and (ii) the expert shall not (without the written consent of the parties to the Dispute) be appointed to act as an arbitrator or as adviser to the parties to the Dispute.
Expert Determination. If the dispute is not resolved under clause 10.3 or clause 10.5, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event:
Expert Determination. If the dispute is not resolved under clause 10.3 or 10.5 the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, be resolved by expert determination, in which event:
Expert Determination. 2.1 The Expert shall determine the procedure for Expert Determination, insofar as not otherwise set out in this Agreement. 2.2 The Expert shall determine the number and timing of submissions and meetings, and each Party shall supply to the Expert such information as the Expert may request. 2.3 The Expert shall ignore any data, information or submissions supplied and made later than thirty (30) days after he has confirmed to the Parties acceptance of his appointment, unless the same are furnished in response to a specific request from him. 2.4 The Expert shall make his decision as soon as reasonably practicable after receiving data, information and submissions supplied and made to him by the Parties and, in any event, not later than sixty (60) days after he has confirmed to the Parties acceptance of his appointment. 2.5 The Expert may, after consultation with the Parties, extend the deadline to make his decision by a maximum of (30) days beyond the original sixty (60) day deadline set forth in the foregoing provision. 2.6 Any meetings or hearings with the Expert shall take place in The Netherlands or any other location agreed by the Parties and the language used in the meetings or hearings shall be English. 2.7 All communications between the Parties and the Expert or the Appointer shall be made in writing and a copy of such communications shall be provided simultaneously to the other Party. No meeting between the Expert or the Appointer and the Parties or either of them, shall take place unless the Parties have a reasonable opportunity to attend any such meeting. 2.8 The Expert shall be entitled to obtain such independent professional and/or technical advice (including legal advice) as he may reasonably require and to obtain such secretarial assistance as is reasonably necessary. 2.9 The Expert shall give full written reasons for his decision.
Expert Determination. 3.1 If the Parties are unable to settle the Dispute through mediation, then either Party may give written notice to the other Party within 10 Business Days of closure of the failed mediation of its intention to refer the Dispute to expert determination. The Expert Determination Notice must include a brief statement of the issue or issues which it is desired to refer, the expertise required in the expert, and the solution sought. 3.2 If the Parties have agreed upon the identity of an expert and the expert has confirmed in writing his readiness and willingness to embark upon the expert determination, then that person shall be appointed as the Expert. 3.3 Where the Parties have not agreed upon an expert, or where that person has not confirmed his willingness to act, then either Party may apply to CEDR for the appointment of an expert. The request must be in writing, accompanied by a copy of the Expert Determination Notice and the appropriate fee and must be copied simultaneously to the other Party. The other Party may make representations to CEDR regarding the expertise required in the expert. The person nominated by CEDR will be appointed as the Expert. 3.4 The Party serving the Expert Determination Notice must send to the Expert and to the other Party within 5 Business Days of the appointment of the Expert a statement of its case including a copy of the Expert Determination Notice, the Contract, details of the circumstances giving rise to the Dispute, the reasons why it is entitled to the solution sought, and the evidence upon which it relies. The statement of case must be confined to the issues raised in the Expert Determination Notice. 3.5 The Party not serving the Expert Determination Notice must reply to the Expert and the other Party within 5 Business Days of receiving the statement of case, giving details of what is agreed and what is disputed in the statement of case and the reasons why. 3.6 The Expert must produce a written decision with reasons within 30 Business Days of receipt of the statement of case referred to in paragraph 1.9, or any longer period as is agreed by the Parties after the Dispute has been referred. 3.7 The Expert will have complete discretion as to how to conduct the expert determination, and will establish the procedure and timetable. 3.8 The Parties must comply with any request or direction of the Expert in relation to the expert determination. 3.9 The Expert must decide the matters set out in the Expert Determination Notice, t...
Expert Determination. If the Recipient is dissatisfied with any calculation to be made by the Supplier in accordance with this clause 12 the recipient may, at its own expense and after notifying the Supplier accordingly, refer the matter to an independent expert nominated by the President of the Institute of Chartered Accountants for expert determination, which will be final and binding on all parties (except in the case of manifest error on the face of the expert determination). The expert will act as an expert and not as an arbitrator and must take into account the terms of this Agreement, the matters required to be taken into account by the Supplier in accordance with this clause 12 and any other matter considered by the expert to be relevant to the determination. The parties release the expert from any liability in acting as an expert, except in the case of fraud on the part of the expert.
Expert Determination. Any matter which is to be referred for expert determination under this Agreement shall be submitted to an independent, mutually agreeable expert in accordance with, and subject to, […***…]. If no agreement can be reached as to the identity of the expert, the expert shall be nominated by […***…].
Expert Determination. If any dispute arises between the parties with respect to any matter within the expertise of a technical expert then such dispute shall at the instance of either party be referred to a person agreed between the parties, and, in default of agreement within twenty-one days of notice from either party to the other calling upon the other so to agree, to a person chosen on the application of either party by the President for the time being of the Institute of Engineers Australia. Such person shall be appointed to act as an expert and not as an arbitrator and the decision of such person shall be final and binding. The costs of such expert shall be borne equally by the parties unless such expert shall decide one party has acted unreasonably in which case he shall have discretion as to costs.
Expert Determination. 3.1If a notice is served by either party pursuant to paragraph 2.6(b) of this Schedule, the Parties shall use all reasonable endeavours to reach agreement regarding the identity of the person to be appointed as the Expert and to agree terms of appointment with the Expert.3.2If the Parties fail to agree on an Expert and their terms of appointment within [***] of either Party serving details of a proposed Expert on the other, then either Party shall be entitled to request the President for the time being of the Institute of Chartered Accountants of England and Wales to appoint the Expert and to agree the terms of appointment on behalf of the Parties.3.3Except for any procedural matters, or as otherwise expressly provided in this Schedule, the scope of the Expert’s determination shall be limited to determining the unresolved matters in the Dispute Notice relating to: