Expert Determination Clause Samples

Expert Determination. 41.5.1 For a Dispute on any decision referred to an expert 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 and shall not be deemed to be acting in an arbitral capacity. The independent expert shall have an established reputation in the international petroleum industry as an expert on the matter in dispute and shall not at the time of the Dispute be engaged by any Party for work other than as the expert. The Party desiring an expert determination shall give the other Party written notice of the request for such determination. If the Parties to the Dispute are unable to agree upon an expert within twenty (20) 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. Any hearing with an expert determination shall take place in The Hague, the Netherlands, unless the parties agree otherwise. 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. Each Party shall prepare and exchange a written position paper setting out its positions with respect to the Dispute. Each Party shall also prepare and exchange a written response to the other Party’s position paper. The position papers and responses may be accompanied by data and information in the submitting Party’s discretion. Before issuing his final decision, the expert shall issue a draft report and allow the Parties to the Dispute ten (10) Days to comment on it. The expert shall endeavor to resolve the Dispute within sixty (60) Days (but no later than ninety (90) Days) after receipt of each Party’s written response to the other Parties’ position paper 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 challeng...

Expert Determination. If the dispute is not resolved under clause 11.3 or 11.5 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: (i) The dispute must be determined by an independent expert in the relevant field: (a) ▇▇▇▇▇▇ upon and appointed jointly by the Council and the Developer; or (b) In the event that no agreement is reached or appointment made within 30 business days, appointed on application of a Party by the then current President of the Law Society of New South Wales; (ii) The expert must be appointed in writing and terms of the appointment must not be inconsistent with this clause; (iii) The determination of the dispute by such expert will be made as an expert and not as an arbitrator and will be in writing and containing reasons for the determination; (iv) The expert will determine the rules of the conduct for the process, but must conduct the process in accordance with the rules of natural justice; (v) Each Party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of the expert’s fees and costs; and (vi) Any determination made by an expert pursuant to this clause is final and binding upon the Parties except where the determination is in respect of, or relates to, termination or purported termination of this Agreement by any Party, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decision.

Expert Determination. 10.1 All disputes or differences which shall at anytime hereafter arise between EGT and the User in respect of the construction or effect of this Agreement or the rights duties and liabilities of the Parties hereunder or any matter or event connected with or arising out of this Agreement (a "Relevant Event") shall be referred to a director (or his nominee) of each of the Parties within 5 business days of the Relevant Event arising and they shall endeavour to reach a mutually acceptable solution. In the event that a Relevant Event cannot be settled by the directors (or their nominees) within 5 business days of it being referred to the Parties' directors then if both the Parties so decide the provision of Clause 10.2 shall apply. 10.2 If both Parties agree to refer an issue to an Expert and the Parties fail to nominate or agree such Expert within 10 days, then the Expert may be nominated at the request of either Party by the President or other duly appointed officer of such UK professional body as the parties may agree or in the absence of agreement: 10.2.1 in the case of a dispute as to the interpretation or construction of this Agreement, by the President or other authorised officer of the Law Society of England and Wales; 10.2.2 in the case of a dispute as to the sum payable under this Agreement by the President or other authorised officer of the Institute of Chartered Accountants in England and Wales; and 10.2.3 in the case of all other disputes concerning the operation and maintenance of the Network or the provision of the Services, by the President or other authorised officer of the Institution of Electrical Engineers or equivalent as appropriate in the circumstances. 10.3 Each of the Parties shall be entitled to provide the Expert with such information and such written representation as may be necessary to assist in the determination of the dispute in question provided such information and/or representations are made within 30 days of the date of the referral. 10.4 The Expert shall be entitled to seek expert evidence at his discretion as to the circumstances relating to the dispute between the Parties and the most expeditious method of its resolution. 10.5 The Expert shall be required by the Parties to reach a determination of the issues referred to him as soon as is reasonably practicable and unless the Parties otherwise agree within 45 days of his appointment.

Expert Determination. If a Dispute is referred under this agreement to proceed to expert determination, then the following provisions apply: (a) the parties may agree upon the appointment of an expert in relation to that Dispute and, failing such agreement within 10 Business Days of the Dispute being referred to expert determination, such person as appointed by the President of IAMA will act as an expert in relation to the Dispute (“Expert”); (b) the Expert may initiate such enquiries and investigations as it considers necessary or desirable for the purpose of performing its functions and the parties must co-operate with any such enquiries and investigations; (c) unless the parties agree otherwise, they must procure the Expert to use reasonable endeavours to make its determination or finding in respect of the Dispute within 30 Business Days of their appointment and the parties must co-operate with the expert for this purpose; (d) any determination made by the Expert is binding on the parties (other than for manifest error); (e) the parties agree that the expert determination will be conducted in accordance with the Expert Determination Rules of IAMA, except that to the extent of any inconsistency between those rules and this agreement, the terms of this agreement shall prevail.

Expert Determination. Unless otherwise agreed between the parties, to the extent the dispute or difference is in relation to a direction of the Contract Administrator under one of the clauses specified in the Contract Particulars and is not resolved within 14 days after a notice is given under clause 15.1, the dispute or difference must be submitted to expert determination. The expert determination under clause 15.2 is to be conducted by: the independent industry expert specified in the Contract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Particulars. If the expert appointed under clause 15.3: is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b) within 14 days of his or her appointment under clause 15.3; or does not make a determination within the time required by clause 15.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. An expert determination conducted under clause 15 is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, and interview such persons, as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination withou...

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 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: (a) The dispute must be determined by an independent expert in the relevant field: (i) Agreed upon and appointed jointly by the parties; and (ii) In the event that no agreement is reached or no appointment is made within 20 Business Days of the agreement to refer the dispute to an expert, appointed on application of a party by the then President of the Law Society of New South Wales; (b) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause; (c) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination; (d) The expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rules of natural justice; (e) Each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and (f) Any determination made by an expert pursuant to this clause is final and binding upon the parties except unless: (i) Within 20 Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or (ii) The determination is in respect of, or relates to, termination or purported termination of this agreement by any party, in which event the expert is deemed to be giving a non-binding appraisal.

Expert Determination. Unless Sub-clause (a) applies or Sub-clause (c) applies, in the event that a dispute arises under this Contract either Party may require by notice in writing to the other Party that such dispute be referred to an independent third party (an “Expert”) as the Parties jointly nominate in writing, subject to the following procedure: (i) if the Parties fail to nominate an Expert within seven (7) days of the date of the notice referred to in this Sub-clause (b), the dispute shall be resolved in accordance with Sub-clause (c) below; (ii) the Expert shall act as an expert and not as an arbitrator and his decision shall be final and binding upon the Parties; (iii) the Expert’s determination shall be conducted in accordance with the following rules, unless otherwise agreed by the Parties: (1) the Parties may make written representations within seven (7) days of the Expert’s appointment and shall copy in full such written representations to the other Party within such time period; (2) the Parties shall have a further seven (7) days to make written comments on each other’s representations and shall copy in full such written comments to the other Party within such time period; (3) the Expert may call for such other documents and written evidence from the Parties as the Expert may reasonably require and the Parties shall provide such documents and written evidence within the period specified by the Expert. The Parties shall copy, in full, such documents and written evidence to the other Party within such time period provided that if either Party claims any such information is confidential to it then, provided in the reasonable opinion of the Expert that Party has properly claimed the same as confidential, the Expert shall not disclose the same to the other Party or to any third party; (4) the Expert shall decide whether or not to take oral representations from or on behalf of either Party, but if he does so he shall give the other Party the opportunity to be present; (5) the Expert shall have regard to all representations and evidence before him when making his decision, which shall be in writing, and give full reasons for his decision; and (6) the Expert shall use all reasonable endeavours to publish his decision within twenty-eight (28) days of his appointment. (iv) Unless the Parties agree otherwise, each Party shall bear its own costs of a reference to the Expert, and fees and expenses of the Expert shall be borne equally between the Parties.

Expert Determination. If: (a) (dispute unresolved by Representatives): a dispute which has been referred to the Representatives for negotiation in accordance with clause 9.2(a) remains unresolved (in whole or in part) after the expiration of the period for negotiation referred to in clause 9.2(c)(i); and (b) (referral to expert): the Disputing Parties agree within 20 Business Days after the expiration of the period for negotiation referred to in clause 9.2(c)(i), that the dispute be referred to an expert for determination, then those parts of the dispute which remain unresolved will be referred to an expert for determination under clauses 9.4 to 9.8. For the avoidance of doubt, a dispute may only be referred to an expert for determination by agreement of the Disputing Parties.