Expert Determination Procedure Clause Samples
The Expert Determination Procedure clause establishes a process for resolving specific disputes or technical issues by appointing an independent expert to make a binding decision. Typically, this clause outlines how the expert is selected, the scope of their authority, and the procedure for submitting evidence or arguments. Its core function is to provide a specialized, efficient, and less adversarial alternative to litigation or arbitration for matters requiring technical expertise, thereby ensuring disputes are resolved fairly and expediently.
Expert Determination Procedure. If no agreement is reached on the appointment of an expert within the period specified in Article 26, each Government shall forthwith exchange with the other a list of not more than three independent experts, putting them in order of preference. In each list, the first shall have three points, the second two points and the third one point. The expert having the greatest number of points from the two lists shall be appointed.
Expert Determination Procedure. The Party wishing to refer a matter to an independent expert pursuant to a provision of this Agreement shall give written notice to that effect to the other Party giving details of the matters it wishes to refer to the expert (“Referral Notice”).
Expert Determination Procedure. (a) Provided the parties are given the opportunity to put their position on the matter in dispute to the Expert, the Expert has absolute discretion to decide on the procedure to be followed, including whether a hearing is necessary, to resolve the Dispute.
(b) In any event, the Expert must provide to the parties his written decision on the Dispute as soon as possible and no later than 20 Working Days after the Referral (or such other period as the parties may agree). Unless the parties otherwise agree, the Expert must give reasons for his decision.
(c) The Expert's decision, in the absence of manifest error, will be final and binding on the parties.
(d) The Expert must act impartially and may take the initiative in ascertaining the facts and the law.
(e) The Expert may open up, review and revise any opinion, certificate, instruction, determination or decision of whatever nature given or made pursuant to the Agreement, provided that any such opinion, certificate, instruction, determination or decision is not final and conclusive in nature under the Agreement (unless the parties expressly agree otherwise in writing).
(f) The Expert may appoint experts to advise on discrete technical or legal issues in relation to which, in the Expert's sole opinion, the Expert does not have the necessary expertise.
(g) All information, data or documentation disclosed or delivered by a party to the Expert in consequence of or in connection with his appointment as Expert must be treated as confidential. All such information, data or documentation will remain the property of the party disclosing or delivering it and all copies will be returned to that party on completion of the Expert's work.
Expert Determination Procedure. (Condition 59.10) Expert/Arbitral Tribunal should have an express power to amend the CfD. In relevant circumstances, an expert (and an arbitral tribunal) may need to amend the CfD in order to avoid legal frustration (e.g. under the Change in Applicable Law drafting) and should have the express power to do so.
Expert Determination Procedure. Any matter or dispute relating to the terms of the Profit Sharing Agreement for a given Natural Compound shall be referred to a person suitably qualified to determine that matter or dispute (an “Expert”) who shall be nominated […***…] of a written request by Firmenich to initiate the Experts’ decision procedure set out below.
Expert Determination Procedure. (a) Provided the parties to the Dispute are given the opportunity to put their position on the matter in dispute to the Expert, the Expert h as a bso lute discretion to decide on the procedure to be followed, including whether a hearing is necessary, to resolve the Dispute.
(b) In any event, the Expert must provide to the Referring Party and each o f the Responding Parties his written decision on the Dispute as soon as p o ssi b le and no later than 20 Working Days after the Referral (or such other period as the parties may agree). Unless the parties otherwise agree, the Expert must give reasons for his decision.
(c) The Expert's decision, in the absence of manifest e rro r, will b e final and binding on the parties.
(d) The Expert must act impartially and may take the initiative in ascertaining the facts and the law.
(e) The Expert may open up, review and revise any opinion, certificate, instruction, determination or decision of wh atever nature given or made pursuant to the Agreement, provided that a ny su ch opinion, certificate, instruction, determination or decision is not final a nd conclusi ve i n nature under the Agreement (unless the parties expressly agree otherwise in writing).
(f) The Expert may appoint experts to advise o n discre te technical o r legal issues in relation to which, in the Expert's sole opinion, the Expert d oes n ot have the necessary expertise.
(g) All information, data or documentation disclosed or delivered by a party to the Expert in consequence of or in connection with his a ppointment a s Expert must be treated as confidential. All such information, data or documentation will remain the property of the party disclosing or delivering it and all copies will be returned to that party on completion of the Expert's work.
Expert Determination Procedure