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, together with any other matters which the Parties and the Expert agree are within the scope of the expert determination. The Expert must send his decision in writing simultaneously to the Parties. Within 5 Business Days following the date of the decision the Parties must provide the Expert and each other with any requests to correct minor clerical errors or ambiguities in the decision. The Expert must correct any minor clerical errors or ambiguities at his discretion within a further 5 Business Days and send any revised decision simultaneously to the Parties. 3.10 The Parties must bear their own costs and expenses incurred in the expert determination and are jointly liable for the costs of the Expert. 3.11 The decision of the Expert is final and binding, except in the case of fraud, collusion, bias, or material breach of instructions on the part of the Expert at which point a Party will be permitted to apply to Court for an Order that: 3.11.1 the Expert reconsider his decision (either all of it or part of it); or 3.11.2 the Expert’s decision be set aside (either all of it or part of it). 3.12 If a Party does not abide by the Expert’s decision the other Party may apply to Court to enforce it. 3.13 All information, whether oral, in writing or otherwise, arising out of or in connection with the expert determination will be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception of any information which would in any event have been admissible or disclosable in any such proceedings. 3.14 The Expert is not liable for anything done or omitted in the discharge or purported discharge of his functions, except in the case of fraud or bad faith, collusion, bias, or material breach of instructions on the part of the Expert. 3.15 The Expert is appointed to determine the Dispute or Disputes between the Parties and his decision may not be relied upon by third parties, to whom he shall have no duty of care.
Appears in 4 contracts
Sources: Public Health Services Contract, Contract for the Provision of Public Health Services, Dynamic Purchasing System Contract
Expert Determination. 3.1 19.2.1 In the event of a Dispute between the Parties regarding any technical matter, including matters relating to metering and measurement, the Parties hereby agree that, upon the request of either Party, such Dispute shall be submitted to an Expert pursuant to this Clause 19.2.
19.2.2 The Party desiring the Expert appointment to be made shall notify the other Party in writing, specifying details of the matter proposed to be resolved.
19.2.3 The Parties shall meet in an effort to agree upon a single Expert to whom the matter in dispute shall be referred for determination. If within twenty-one (21) days from the service of such notice the Parties have either failed to meet or failed to agree upon an Expert, then the matter may be referred forthwith by the Party desiring the appointment to be made to the DIS which shall be requested to appoint the Expert within thirty (30) days and in so doing may take such independent advice as it deems fit.
19.2.4 Upon an Expert being agreed or selected, the Parties shall forthwith notify such Expert of his selection and shall request him within fourteen (14) days to state whether or not he is willing and able to accept the appointment.
19.2.5 If such Expert is unwilling or unable to accept such appointment or has not stated his willingness and ability to accept such appointment within the fourteen (14) day period, then (unless the Parties are unable able to settle agree upon the Dispute through mediationappointment of another Expert) the matter shall again be referred (by either Party) in the aforesaid manner to the DIS which shall be requested to make a further appointment and the process shall be repeated until an Expert is found who accepts appointment.
19.2.6 No Person shall be appointed to act as the Expert under this Clause 19.2 unless qualified by education, then experience and training to determine the matter in dispute.
19.2.7 Any Person appointed as the Expert shall be entitled to act as such Expert, provided before accepting such appointment he fully discloses to the Parties any interest or duty and any conflict of interest or potential conflict of interest, including all particulars thereof. If such disclosure has been made, either Party may give written notice to the other Party require within 10 five (5) Business Days of closure from such disclosure removal of the failed mediation of its intention to refer Expert, stating 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 expertreasons for such removal, and the solution soughtsuch Expert shall be replaced in accordance with this Clause 19.2.
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 determination19.2.8 If, 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 at any time prior to the Expert and to the other Party within 5 Business Days rendering a decision on any matter, a conflict or potential conflict of the appointment of interest arises, then the Expert a statement will fully disclose the particulars 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, together with any other matters which the Parties and the Expert agree are within the scope of the expert determination. The Expert must send his decision in writing simultaneously such facts to the Parties. Within 5 In that event, either Party may within five (5) Business Days following from such disclosure require the date of the decision the Parties must provide the Expert and each other with any requests to correct minor clerical errors or ambiguities in the decision. The Expert must correct any minor clerical errors or ambiguities at his discretion within a further 5 Business Days and send any revised decision simultaneously to the Parties.
3.10 The Parties must bear their own costs and expenses incurred in the expert determination and are jointly liable for the costs removal of the Expert.
3.11 The decision of the , and a new Expert is final and binding, except shall be appointed in the case of fraud, collusion, bias, or material breach of instructions on the part of the Expert at which point a Party will be permitted to apply to Court for an Order that:
3.11.1 the Expert reconsider his decision (either all of it or part of it); or
3.11.2 the Expert’s decision be set aside (either all of it or part of it).
3.12 If a Party does not abide by the Expert’s decision the other Party may apply to Court to enforce it.
3.13 All information, whether oral, in writing or otherwise, arising out of or in connection accordance with the expert determination will be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception terms of any information which would in any event have been admissible or disclosable in any such proceedingsthis Clause 19.
3.14 The Expert is not liable for anything done or omitted in the discharge or purported discharge of his functions, except in the case of fraud or bad faith, collusion, bias, or material breach of instructions on the part of the Expert.
3.15 The Expert is appointed to determine the Dispute or Disputes between the Parties and his decision may not be relied upon by third parties, to whom he shall have no duty of care.
Appears in 4 contracts
Sources: Terminal Use Agreement, Terminal Use Agreement, Terminal Use Agreement
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 within5 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, together with any other matters which the Parties and the Expert agree are within the scope of the expert determination. The Expert must send his decision in writing simultaneously to the Parties. Within 5 Business Days following the date of the decision the Parties must provide the Expert and each other with any requests to correct minor clerical errors or ambiguities in the decision. The Expert must correct any minor clerical errors or ambiguities at his discretion within a further 5 Business Days and send any revised decision simultaneously to the Parties.
3.10 The Parties must bear their own costs and expenses incurred in the expert determination and are jointly liable for the costs of the Expert.
3.11 The decision of the Expert is final and binding, except in the case of fraud, collusion, bias, or material breach of instructions on the part of the Expert at which point a Party will be permitted to apply to Court for an Order that:
3.11.1 the Expert reconsider his decision (either all of it or part of it); or
3.11.2 the Expert’s decision be set aside (either all of it or part of it).
3.12 If a Party does not abide by the Expert’s decision the other Party may apply to Court to enforce it.
3.13 All information, whether oral, in writing or otherwise, arising out of or in connection with the expert determination will be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception of any information which would in any event have been admissible or disclosable in any such proceedings.
3.14 The Expert is not liable for anything done or omitted in the discharge or purported discharge of his functions, except in the case of fraud or bad faith, collusion, bias, or material breach of instructions on the part of the Expert.
3.15 The Expert is appointed to determine the Dispute or Disputes between the Parties and his decision may not be relied upon by third parties, to whom he shall have no duty of care.
Appears in 3 contracts
Sources: Contract for the Provision of Public Health Services, Contract for the Provision of Public Health Services, Contract for the Provision of Public Health Services
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, together with any other matters which the Parties and the Expert agree are within the scope of the expert determination. The Expert must send his decision in writing simultaneously to the Parties. Within 5 Business Days following the date of the decision the Parties must provide the Expert and each other with any requests to correct minor clerical errors or ambiguities in the decision. The Expert must correct any minor clerical errors or ambiguities at his discretion within a further 5 Business Days and send any revised decision simultaneously to the Parties.
3.10 The Parties must bear their own costs and expenses incurred in the expert determination and are jointly liable for the costs of the Expert.
3.11 The decision of the Expert is final and binding, except in the case of fraud, collusion, bias, or material breach of instructions on the part of the Expert at which point a Party will be permitted to apply to Court for an Order that:
3.11.1 the Expert reconsider his decision (either all of it or part of it); or
3.11.2 the Expert’s decision be set aside (either all of it or part of it).
3.12 If a Party does not abide by the Expert’s decision the other Party may apply to Court to enforce it.
3.13 All information, whether oral, in writing or otherwise, arising out of or in connection with the expert determination will be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception of any information which would in any event have been admissible or disclosable in any such proceedings.
3.14 The Expert is not liable for anything done or omitted in the discharge or purported discharge of his functions, except in the case of fraud or bad faith, collusion, bias, or material breach of instructions on the part of the Expert.
3.15 The Expert is appointed to determine the Dispute or Disputes between the Parties and his decision may not be relied upon by third parties, to whom he shall have no duty of care.
Appears in 3 contracts
Sources: Public Health Services Contract, Public Health Services Contract, Contract for the Provision of Public Health Services
Expert Determination. 3.1 12.2.1 In the event of a Dispute between any Disputing Parties regarding any technical matter, including matters relating to metering and measurement, the Disputing Parties hereby agree that, upon the request of any Disputing Party, such Dispute shall be submitted to an Expert pursuant to this Clause 12.2.
12.2.2 The Disputing Party desiring the Expert appointment to be made shall notify the other Disputing Parties in writing, specifying details of the matter proposed to be resolved.
12.2.3 The Disputing Parties shall meet in an effort to agree upon a single Expert to whom the matter in dispute shall be referred for determination. If within twenty-one (21) days from the service of such notice the Disputing Parties have either failed to meet or failed to agree upon an Expert, then the matter may be referred forthwith by the Disputing Party desiring the appointment to be made to the DIS which shall be requested to appoint the Expert within thirty (30) days and in so doing may take such independent advice as it deems fit.
12.2.4 Upon an Expert being agreed or selected, the Disputing Parties shall forthwith notify such Expert of his selection and shall request him within fourteen (14) days to state whether or not he is willing and able to accept the appointment.
12.2.5 If such Expert is unwilling or unable to accept such appointment or has not stated his willingness and ability to accept such appointment within the fourteen (14) day period, then (unless the Disputing Parties are unable able to settle agree upon the Dispute through mediation, then either Party may give written notice appointment of another Expert) the matter shall again be referred (by any Disputing Party) in the aforesaid manner to the other Party within 10 Business Days of closure of the failed mediation of its intention DIS which shall be requested to refer the Dispute to expert determination. The Expert Determination Notice must include make a brief statement of the issue or issues which it is desired to refer, the expertise required in the expert, further appointment and the solution soughtprocess shall be repeated until an Expert is found who accepts appointment.
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 12.2.6 No Person shall be appointed to act as the ExpertExpert under this Clause 12.2 unless qualified by education, experience and training to determine the matter in dispute.
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 12.2.7 Any Person appointed as the Expert shall be entitled to act as such Expert, provided that before accepting such appointment he fully discloses to the Disputing Parties any interest or duty and any conflict of interest or potential conflict of interest, including all particulars thereof. If such disclosure has been made, any Disputing Party may require within five (5) Business Days from such disclosure removal of the Expert, stating the reasons for such removal, and such Expert shall be replaced in accordance with this Clause 12.2.
3.4 The Party serving the Expert Determination Notice must send 12.2.8 If, at any time prior to the Expert and rendering a decision on any matter, a conflict or potential conflict of interest arises, then the Expert will fully disclose the particulars of such facts 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, together with any other matters which the Parties and the Expert agree are within the scope of the expert determination. The Expert must send his decision in writing simultaneously to the Disputing Parties. Within 5 Business Days following the date of the decision the Parties must provide the Expert and each other with In that event, any requests to correct minor clerical errors or ambiguities in the decision. The Expert must correct any minor clerical errors or ambiguities at his discretion within a further 5 Business Days and send any revised decision simultaneously to the Parties.
3.10 The Parties must bear their own costs and expenses incurred in the expert determination and are jointly liable for the costs of the Expert.
3.11 The decision of the Expert is final and binding, except in the case of fraud, collusion, bias, or material breach of instructions on the part of the Expert at which point a Party will be permitted to apply to Court for an Order that:
3.11.1 the Expert reconsider his decision (either all of it or part of it); or
3.11.2 the Expert’s decision be set aside (either all of it or part of it).
3.12 If a Party does not abide by the Expert’s decision the other Disputing Party may apply to Court to enforce it.
3.13 All information, whether oral, in writing or otherwise, arising out of or in connection with the expert determination will be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception of any information which would in any event have been admissible or disclosable in any such proceedings.
3.14 The Expert is not liable for anything done or omitted in the discharge or purported discharge of his functions, except in the case of fraud or bad faith, collusion, bias, or material breach of instructions on the part of the Expert.
3.15 The Expert is appointed to determine the Dispute or Disputes between the Parties and his decision may not be relied upon by third parties, to whom he shall have no duty of care.within five
Appears in 2 contracts
Sources: Terminal Inter User Agreement, Terminal Inter User Agreement
Expert Determination. 3.1 20.2.1 In the event of a Dispute between the Parties regarding any technical matter, including matters relating to metering and measurement, the Parties hereby agree that, upon the request of either Party, such Dispute shall be submitted to an Expert pursuant to this Clause 20.2.
20.2.2 The Party desiring the Expert appointment to be made shall notify the other Party in writing, specifying details of the matter proposed to be resolved.
20.2.3 The Parties shall meet in an effort to agree upon a single Expert to whom the matter in dispute shall be referred for determination. If within twenty-one (21) days from the service of the such notice the Parties have either failed to meet or failed to agree upon an Expert, then the matter may be referred forthwith by the Party desiring the appointment to be made to the DIS which shall be requested to appoint the Expert within thirty (30) days and in so doing may take such independent advice as it deems fit.
20.2.4 Upon an Expert being agreed or selected, the Parties shall forthwith notify such Expert of his selection and shall request him within fourteen (14) days to state whether or not he is willing and able to accept the appointment.
20.2.5 If such Expert is unwilling or unable to accept such appointment or has not stated his willingness and ability to accept such appointment within the fourteen (14) day period, then (unless the Parties are unable able to settle agree upon the Dispute through mediationappointment of another Expert) the matter shall again be referred (by either Party) in the aforesaid manner to the DIS which shall be requested to make a further appointment and the process shall be repeated until an Expert is found who accepts appointment.
20.2.6 No Person shall be appointed to act as the Expert under this Clause 20.2 unless qualified by education, then experience and training to determine the matter in dispute.
20.2.7 Any Person appointed as the Expert shall be entitled to act as such Expert, provided that before accepting such appointment he fully discloses to the Parties any interest or duty and any conflict of interest or potential conflict of interest, including all particulars thereof. If such disclosure has been made, either Party may give written notice to the other Party require within 10 five (5) Business Days of closure from such disclosure removal of the failed mediation of its intention to refer Expert, stating 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 expertreasons for such removal, and the solution soughtsuch Expert shall be replaced in accordance with this Clause 20.2.
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 determination20.2.8 If, 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 at any time prior to the Expert and to the other Party within 5 Business Days rendering a decision on any matter, a conflict or potential conflict of the appointment of interest arises, then the Expert a statement of its case including a copy of will fully disclose 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, together with any other matters which the Parties and the Expert agree are within the scope of the expert determination. The Expert must send his decision in writing simultaneously to the Parties. Within 5 Business Days following the date of the decision the Parties must provide the Expert and each other with any requests to correct minor clerical errors or ambiguities in the decision. The Expert must correct any minor clerical errors or ambiguities at his discretion within a further 5 Business Days and send any revised decision simultaneously to the Parties.
3.10 The Parties must bear their own costs and expenses incurred in the expert determination and are jointly liable for the costs of the Expert.
3.11 The decision of the Expert is final and binding, except in the case of fraud, collusion, bias, or material breach of instructions on the part of the Expert at which point a Party will be permitted to apply to Court for an Order that:
3.11.1 the Expert reconsider his decision (either all of it or part of it); or
3.11.2 the Expert’s decision be set aside (either all of it or part of it).
3.12 If a Party does not abide by the Expert’s decision the other Party may apply to Court to enforce it.
3.13 All information, whether oral, in writing or otherwise, arising out of or in connection with the expert determination will be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception of any information which would in any event have been admissible or disclosable in any such proceedings.
3.14 The Expert is not liable for anything done or omitted in the discharge or purported discharge of his functions, except in the case of fraud or bad faith, collusion, bias, or material breach of instructions on the part of the Expert.
3.15 The Expert is appointed to determine the Dispute or Disputes between the Parties and his decision may not be relied upon by third parties, to whom he shall have no duty of care.particulars of
Appears in 2 contracts
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, together with any other matters which the Parties and the Expert agree are within the scope of the expert determination. The Expert must send his decision in writing simultaneously to the Parties. Within 5 Business Days following the date of the decision the Parties must provide the Expert and each other with any requests to correct minor clerical errors or ambiguities in the decision. The Expert must correct any minor clerical errors or ambiguities at his discretion within a further 5 Business Days and send any revised decision simultaneously to the Parties.
3.10 The Parties must bear their own costs and expenses incurred in the expert determination and are jointly liable for the costs of the Expert.
3.11 The decision of the Expert is final and binding, except in the case of fraud, collusion, bias, or material breach of instructions on the part of the Expert at which point a Party will be permitted to apply to Court for an Order that:
3.11.1 the Expert reconsider his decision (either all of it or part of it); or
3.11.2 the Expert’s decision be set aside (either all of it or part of it).
3.12 If a Party does not abide by the Expert’s decision the other Party may apply to Court to enforce it.
3.13 All information, whether oral, in writing or otherwise, arising out of or in connection with the expert determination will be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception of any information which would in any event have been admissible or disclosable in any such proceedings.
3.14 The Expert is not liable for anything done or omitted in the discharge or purported discharge of his functions, except in the case of fraud or bad faith, collusion, bias, or material breach of instructions on the part of the Expert.
3.15 The Expert is appointed to determine the Dispute or Disputes between the Parties and his decision may not be relied upon by third parties, to whom he shall have no duty of care.
Appears in 2 contracts
Sources: Public Health Services Contract, Public Health Services Contract
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 ten (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 five (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 five (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 thirty (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, together with any other matters which the Parties and the Expert agree are within the scope of the expert determination. The Expert must send his decision in writing simultaneously to the Parties. Within 5 five (5) Business Days following the date of the decision the Parties must provide the Expert and each other with any requests to correct minor clerical errors or ambiguities in the decision. The Expert must correct any minor clerical errors or ambiguities at his discretion within a further 5 five (5) Business Days and send any revised decision simultaneously to the Parties.
3.10 The Parties must bear their own costs and expenses incurred in the expert determination and are jointly liable for the costs of the Expert.
3.11 The decision of the Expert is final and binding, except in the case of fraud, collusion, bias, or material breach of instructions on the part of the Expert at which point a Party will be permitted to apply to Court for an Order that:
3.11.1 the Expert reconsider his decision (either all of it or part of it); or
3.11.2 the Expert’s decision be set aside (either all of it or part of it).
3.12 If a Party does not abide by the Expert’s decision the other Party may apply to Court to enforce it.
3.13 All information, whether oral, in writing or otherwise, arising out of or in connection with the expert determination will be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception of any information which would in any event have been admissible or disclosable in any such proceedings.
3.14 The Expert is not liable for anything done or omitted in the discharge or purported discharge of his functions, except in the case of fraud or bad faith, collusion, bias, or material breach of instructions on the part of the Expert.
3.15 The Expert is appointed to determine the Dispute or Disputes between the Parties and his decision may not be relied upon by third parties, to whom he shall have no duty of care.
Appears in 2 contracts
Sources: Contract for the Provision of Community Smoking Cessation Services, Contract for the Provision of Community Smoking Cessation Services
Expert Determination. 3.1 19.2.1 In the event of a Dispute between the Parties regarding any technical matter, including matters relating to metering and measurement, the Parties hereby agree that, upon the request of either Party, such Dispute shall be submitted to an Expert pursuant to this Clause 19.2.
19.2.2 The Party desiring the Expert appointment to be made shall notify the other Party in writing, specifying details of the matter proposed to be resolved.
19.2.3 The Parties shall meet in an effort to agree upon a single Expert to whom the matter in dispute shall be referred for determination. If within twenty-one (21) days from the service of the such notice the Parties have either failed to meet or failed to agree upon an Expert, then the matter may be referred forthwith by the Party desiring the appointment to be made to the DIS which shall be requested to appoint the Expert within thirty (30) days and in so doing may take such independent advice as it deems fit.
19.2.4 Upon an Expert being agreed or selected, the Parties shall forthwith notify such Expert of his selection and shall request him within fourteen (14) days to state whether or not he is willing and able to accept the appointment.
19.2.5 If such Expert is unwilling or unable to accept such appointment or has not stated his willingness and ability to accept such appointment within the fourteen (14) day period, then (unless the Parties are unable able to settle agree upon the Dispute through mediationappointment of another Expert) the matter shall again be referred (by either Party) in the aforesaid manner to the DIS which shall be requested to make a further appointment and the process shall be repeated until an Expert is found who accepts appointment.
19.2.6 No Person shall be appointed to act as the Expert under this Clause 19.2 unless qualified by education, then experience and training to determine the matter in dispute.
19.2.7 Any Person appointed as the Expert shall be entitled to act as such Expert, provided before accepting such appointment he fully discloses to the Parties any interest or duty and any conflict of interest or potential conflict of interest, including all particulars thereof. If such disclosure has been made, either Party may give written notice to the other Party require within 10 five (5) Business Days of closure from such disclosure removal of the failed mediation of its intention to refer Expert, stating 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 expertreasons for such removal, and the solution soughtsuch Expert shall be replaced in accordance with this Clause 19.2.
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 determination19.2.8 If, 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 at any time prior to the Expert and to the other Party within 5 Business Days rendering a decision on any matter, a conflict or potential conflict of the appointment of interest arises, then the Expert a statement will fully disclose the particulars 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, together with any other matters which the Parties and the Expert agree are within the scope of the expert determination. The Expert must send his decision in writing simultaneously such facts to the Parties. Within 5 In that event, either Party may within five (5) Business Days following from such disclosure require the date of the decision the Parties must provide the Expert and each other with any requests to correct minor clerical errors or ambiguities in the decision. The Expert must correct any minor clerical errors or ambiguities at his discretion within a further 5 Business Days and send any revised decision simultaneously to the Parties.
3.10 The Parties must bear their own costs and expenses incurred in the expert determination and are jointly liable for the costs removal of the Expert.
3.11 The decision of the , and a new Expert is final and binding, except shall be appointed in the case of fraud, collusion, bias, or material breach of instructions on the part of the Expert at which point a Party will be permitted to apply to Court for an Order that:
3.11.1 the Expert reconsider his decision (either all of it or part of it); or
3.11.2 the Expert’s decision be set aside (either all of it or part of it).
3.12 If a Party does not abide by the Expert’s decision the other Party may apply to Court to enforce it.
3.13 All information, whether oral, in writing or otherwise, arising out of or in connection accordance with the expert determination will be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception terms of any information which would in any event have been admissible or disclosable in any such proceedingsthis Clause 19.
3.14 The Expert is not liable for anything done or omitted in the discharge or purported discharge of his functions, except in the case of fraud or bad faith, collusion, bias, or material breach of instructions on the part of the Expert.
3.15 The Expert is appointed to determine the Dispute or Disputes between the Parties and his decision may not be relied upon by third parties, to whom he shall have no duty of care.
Appears in 2 contracts
Sources: Terminal Use Agreement, Terminal Use Agreement
Expert Determination. 3.1 (A) If the any Parties are unable to settle the Dispute through mediationachieve an agreement in relation to any matter which is expressly stated in this Agreement that may be referred to an Expert (as defined below), then either one Party may give the other relevant Parties a written notice of referral to expert determination (referred to as an “Expert Dispute”).
(B) The Expert shall be appointed by agreement between the parties to the other Party dispute within 10 Business Days of closure ten (10) days of the failed mediation notice of its intention to refer referral or, failing such agreement, by the Dispute to expert determinationPresident of the LCIA Court for the time being. The Expert Determination Notice must include a brief statement of the issue shall be an investment banker or issues which it is desired to refer, the expertise required finance professional with at least 10 years’ experience in the expert, and the solution soughtmining industry.
3.2 If (C) The Expert shall have the Parties have agreed upon power to determine an Expert Dispute. Subject to the identity terms of an expert and this Clause 15.3 the expert has confirmed in writing his readiness and willingness to embark upon the expert determination, then that person Expert shall be appointed as entitled to determine the Expertprocedure to be followed in arriving at his or her determination (in the absence of agreement between the parties to the dispute). The Expert shall be entitled to appoint legal or other advisers if the parties to the dispute agree.
3.3 Where (D) In making a determination:
(1) the Parties have not agreed upon Expert shall act in the capacity of 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 arbitrator;
(2) each party to the other Party. The other Party dispute may make written 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 including its position on the other Party within 5 Business Days issue in dispute. The Expert will set a timetable for the submission of the appointment of the such written representations. 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 make his or her determination after 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 expiry 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 periods set out in the Expert Determination Noticetimetable, together with any other matters which whether or not written representations were submitted by each party to the Parties and dispute; and
(3) in making his or her decision the Expert agree are must select a position submitted by a party to the dispute and may not select or substitute his own view on the dispute (regardless of whether or not each party to the dispute submits a position).
(E) The Expert shall produce a determination within twenty (20) Business Days of his or her appointment and shall give written reasons for his or her determination transmitted to the scope parties to the dispute by email on the date of the expert his or her determination. The Expert must send his decision in writing simultaneously Any sum ordered to the Parties. Within 5 Business Days following be payable shall be paid within fourteen (14) days of the date of the decision and the Parties must provide do all things necessary to give effect to and comply with the Expert and each other with any requests to correct minor clerical errors or ambiguities in the decision. The Expert must correct any minor clerical errors or ambiguities at his discretion within a further 5 Business Days and send any revised decision simultaneously to the Parties.
3.10 The Parties must bear their own costs and expenses incurred in the expert determination and are jointly liable for the costs of the Expert.
3.11 The decision of the Expert is (including, if applicable, paying the Expert determined Buyback Fee).
(F) Subject to Clause 15.3(I), the Expert’s determination shall be final and binding, except in the case of fraud, collusion, bias, or material breach of instructions on the part of the Expert at which point a Party will be permitted to apply to Court for an Order that:
3.11.1 the Expert reconsider his decision (either all of it or part of it); or
3.11.2 the Expert’s decision be set aside (either all of it or part of it).
3.12 If a Party does not abide by the Expert’s decision the other Party may apply to Court to enforce it.
3.13 All information, whether oral, in writing or otherwise, arising out of or in connection with the expert determination will be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception of any information which would in any event have been admissible or disclosable in any such proceedings.
3.14 The Expert is not liable for anything done or omitted in the discharge or purported discharge of his functions, except save in the case of fraud or bad faithmanifest error.
(G) The Expert shall have the power to award costs as well as interest on any sums awarded as he or she shall think appropriate. The fees of the Expert shall be shared equally unless he or she determines otherwise.
(H) If a Party raises an objection that an alleged Expert Dispute is not an Expert Dispute and should be resolved in accordance with Clause 15.1, collusionthe Expert shall be competent to rule on whether the alleged Expert Dispute is in fact an Expert Dispute.
(I) The determination of the Expert will not be final and binding where, bias, or material breach within fifteen (15) Business Days of instructions on the part determination of the Expert being notified to the parties to the dispute:
(1) a party to the dispute gives notice to all other parties to the dispute that it is dissatisfied with the determination of the Expert.; and
3.15 The (2) that party to the dispute issues a Notice of Dispute under Clause 15.1 in respect of the Expert Dispute the subject of the determination of the Expert, in which case, the determination of the Expert will be binding on an interim basis, and the Parties agree to do all things necessary to give effect to and comply with the determination of the Expert until the Expert Dispute the subject of the determination of the Expert is appointed to determine the Dispute or Disputes between the Parties and his decision may not be relied upon finally resolved by third parties, to whom he shall have no duty of careproceedings in accordance with Clause 15.1.
Appears in 2 contracts
Sources: Sale and Purchase Agreement (Sedibelo Resources LTD), Sale and Purchase Agreement (Sedibelo Resources LTD)
Expert Determination. 3.1 20.1 Where this Agreement provides or NGG and the Service Provider have agreed that any dispute, question or other matter (dispute) is to be referred to or determined or resolved by an Expert:
(a) the provisions of this Clause 20 shall apply; and
(b) no party to the dispute shall commence proceedings in any court in respect of or otherwise in connection with such dispute.
20.2 A dispute which is to be referred to or determined or resolved by an Expert shall be determined by an individual appointed as Expert in accordance with this Clause 20.
20.3 Any party to a dispute which is to be resolved by or referred to an Expert may give notice of the dispute in accordance with Clause 20.4.
20.4 The notice shall be given to each other party to the dispute and shall provide brief details of the issues to be resolved.
20.5 The parties to the dispute shall endeavour within ten (10) days after the notice under Clause
20.6 If within ten (10) days after the notice under Clause 20.3 (or as the case may be Clause 20.8) was given the parties to the dispute shall not have agreed upon the selection of an Expert, then any party to the dispute may within a further five (5) days refer the matter to the President of the Bar Council of England and Wales.
20.7 Upon the selection under Clause 20.6, the parties to the dispute shall forthwith notify the Expert selected of his selection and the proposed terms of his appointment and shall request him to indicate within ten (10) days whether or not he is willing and able to accept the appointment.
20.8 If the Parties are selected Expert is unwilling or unable to settle accept the Dispute through mediationappointment, then either Party or shall not have confirmed his willingness and ability to accept such appointment within the period required under Clause 20.7, any party to the dispute may give written by 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 such parties require that another person shall be selected as Expert Determination Notice must include a brief statement of the issue or issues which it is desired to refer, the expertise required in the expertaccordance with Clause 20.5 and 20.6, and the solution soughtprocess shall be repeated until an Expert is found who accepts the appointment upon terms acceptable to all the parties to the dispute.
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 20.9 No person shall be appointed nominated as the Expert.
3.3 Where the Parties have not agreed upon an expert, or where a proposed Expert under this Clause 20 unless that person has not confirmed his willingness the requisite education, experience and qualifications to act, then either Party may apply resolve the matter in dispute and is generally recognised by the relevant industry as an Expert in the field or fields of expertise relevant to CEDR for the appointment of dispute.
20.10 The Expert shall be an expert. The request must be in writing, accompanied by a copy independent contractor and the relationship of the Expert Determination Notice parties to the dispute and the appropriate fee Expert shall in no event be construed to be that of principal and must be copied simultaneously agent or master and servant.
20.11 The parties 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 dispute shall, no later than five (5) days following the Expert.
3.4 The Party serving the Expert Determination Notice must send 's appointment, submit to the Expert and to each other party to the other Party within 5 Business Days dispute written submissions together with all supporting documentation, information and data which they wish to submit in respect of the dispute.
20.12 Each party to the dispute may, not later than twenty (20) days after the appointment of the Expert a statement of its case including a copy of the Expert Determination NoticeExpert, 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 submit to the Expert and to each other party to the dispute written submissions replying to each other Party within 5 Business Days party's first submission.
20.13 The Expert may at his discretion and at any time request information from any of receiving the statement parties to the dispute, and such Expert may make such other independent professional and/or technical inquiries as he may deem necessary for determining the matter.
20.14 All information submitted by a party to the dispute to the Expert shall be and remain confidential to the Expert, except that copies of caseall such information and data shall be supplied simultaneously to each other party to the dispute.
20.15 The Expert shall not have meetings or discussions with one party to the dispute without giving each other party reasonable notice to attend; and each party to the dispute shall have the opportunity to make representations to the Expert, giving details of what is agreed and what is disputed in the statement presence of case each other party concerned with the matter in dispute, and to be represented by counsel.
20.16 The Expert's determination shall be made in writing, and shall contain the reasons for the determination.
20.17 The Expert's determination shall be final and binding upon the Parties to the dispute, save in the event of fraud or manifest error.
20.18 If the Expert has not within a reasonable period (which shall not exceed 90 Days or such other period agreed in his appointment) made a determination, a new Expert shall be appointed at the request of any party to the dispute pursuant to the foregoing provisions of this Clause 20, and upon the acceptance of such appointment by such new Expert, the appointment of the previous Expert shall cease forthwith.
20.19 The Expert shall be deemed not to be an arbitrator or mediator but shall render his decision as an expert, and the reasons whylaw relating to arbitration shall not apply to such Expert, his determination, or the procedure by which he reaches his determination.
3.6 The Expert must produce a written decision with reasons within 30 Business Days 20.20 Each party to the dispute shall bear its own costs including costs of receipt of the statement of case referred to in paragraph 1.9providing documentation, information, data, submissions or any longer period as is agreed by the Parties after the Dispute has been referredcomments under this Clause 20.
3.7 20.21 The Expert will have complete discretion as to how to conduct the expert determination, costs and will establish the procedure and timetable.
3.8 The Parties must comply with any request or direction expenses of the Expert in relation to the expert determination.
3.9 The Expert must decide the matters set out in the Expert Determination Notice(including all advisers, together with any employees and other matters which the Parties and the Expert agree are within the scope of the expert determination. The Expert must send his decision in writing simultaneously to the Parties. Within 5 Business Days following the date of the decision the Parties must provide the Expert and each other with any requests to correct minor clerical errors or ambiguities in the decision. The Expert must correct any minor clerical errors or ambiguities at his discretion within a further 5 Business Days and send any revised decision simultaneously to the Parties.
3.10 The Parties must bear their own costs and expenses incurred in the expert determination and are jointly liable for the costs of the Expert.
3.11 The decision of the Expert is final and binding, except in the case of fraud, collusion, bias, or material breach of instructions on the part of the Expert at which point a Party will be permitted to apply to Court for an Order that:
3.11.1 the Expert reconsider his decision (either all of it or part of it); or
3.11.2 the Expert’s decision be set aside (either all of it or part of it).
3.12 If a Party does not abide persons retained by the Expert’s decision the other Party may apply to Court to enforce it.
3.13 All information, whether oral, in writing or otherwise, arising out of or him) in connection with a determination under this Clause 20, shall be borne as to one half by NGG and as to one half by the expert determination will be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception of any information which would in any event have been admissible or disclosable in any such proceedingsService Provider.
3.14 The Expert is not liable for anything done or omitted in the discharge or purported discharge of his functions, except in the case of fraud or bad faith, collusion, bias, or material breach of instructions on the part of the Expert.
3.15 The Expert is appointed to determine the Dispute or Disputes between the Parties and his decision may not be relied upon by third parties, to whom he shall have no duty of care.
Appears in 2 contracts
Sources: Gas Delivery Services Agreement, Operating Margins Services Agreement
Expert Determination. 3.1 37.1 If a matter is expressly to be referred to an Expert under this agreement, or the Parties are unable to settle the Dispute through mediationparties otherwise agree that a point of difference between them shall be resolved by an Expert, then either Party may give written notice the matter in issue shall be referred to an expert appointed in accordance with this Clause 37 (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, “Expert”) and the solution soughtthis Clause 37 shall apply.
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 37.2 The procedure for the appointment of an expert. The request must Expert shall be as follows:
(a) the party wishing the appointment to be made shall give notice in writingwriting to that effect, accompanied together with reasonable details of the dispute or difference to be resolved by the Expert, and the parties shall meet in an endeavour to agree upon a single Expert;
(b) if the parties do not agree upon the appointment of an Expert within ***** days after the notice under Clause 37.2(a), either party may apply to the President of the London Maritime Arbitrators Association (providing a copy of this agreement and any other information concerning the Expert’s functions) for it to appoint an Expert as soon as reasonably practicable and the Expert Determination Notice and will be the appropriate fee and must be copied simultaneously Person selected by the President of the London Maritime Arbitrators Association. SPECIFIC TERMS IN THIS EXHIBIT HAVE BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR THOSE TERMS HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE TERMS HAVE BEEN MARKED AT THE APPROPRIATE PLACE WITH FIVE ASTERISKS (*****).
(c) if the Expert dies or becomes unwilling or incapable of acting, or does not deliver the decision within the time required by this Clause then:
(i) either party may apply to the other Party. The other Party may make representations President of the London Maritime Arbitrators Association 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 discharge the Expert and to appoint a replacement Expert with the other Party within 5 Business Days required expertise; and
(ii) this Clause 37 applies in relation to the new Expert as if he were the first Expert appointed.
37.3 A Person shall not be appointed as an Expert:
(a) unless he is qualified by education, experience and training to determine the matter in dispute; or
(b) if he has an interest or duty that would materially conflict with his role (including being a present or former director, officer, employee, agent or consultant to a party).
37.4 The following procedures shall apply when a matter is submitted to an Expert for determination:
(a) Within ***** days of the appointment of the Expert a statement of its case including a copy of the Expert Determination NoticeExpert’s appointment, the Contract, details of party that submitted the circumstances giving rise matter to the Dispute, the reasons why it is entitled Expert determination shall submit 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 both the Expert and the other Party within 5 Business Days party:
(i) a written description of such matter and a statement of that party’s position; and
(ii) any relevant evidence supporting its position.
(b) Within ***** days after a party has submitted the materials described in Clause 37.4(a), the other party shall submit to both the Expert and the first party:
(i) written materials setting forth its response to the first party’s submissions, as well as a statement of its own position as appropriate; and
(ii) any relevant evidence supporting its position.
(c) The Expert shall consider the materials submitted by the parties in accordance with Clauses 37.4(a) and 37.4(b) and, in the Expert’s discretion, may consider any additional information submitted by either party at a later date.
(d) The Expert shall deliver his decision, with full written reasons, as soon as practicable after receiving the statement of case, giving details of what is agreed data and what is disputed in the statement of case submissions supplied 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 made to in paragraph 1.9, or any longer period as is agreed him by the Parties parties but in any event not later than ***** days 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, together with any other matters which the Parties and the Expert agree are within the scope of the expert determination. The Expert must send his decision in writing simultaneously to the Parties. Within 5 Business Days following the date of the decision the Parties must expert’s appointment.
(e) The parties shall not be entitled to apply for discovery of documents.
(f) The parties will provide (or procure that others provide) the Expert with such assistance and each other with any requests to correct minor clerical errors or ambiguities in documents as the Expert reasonably requires for the purpose of reaching a decision. The Expert must correct any minor clerical errors or ambiguities at his discretion within a further 5 Business Days and send any revised decision simultaneously to the Parties.
3.10 37.5 The Parties must bear their own costs and expenses incurred in the expert determination and are jointly liable for the costs terms of the Expert.
3.11 The decision appointment of the Expert is shall:
(a) entitle the Expert to obtain such independent professional and/or technical advice as he may reasonably require;
(b) provide that the Expert shall have the power to award interest and that interest on late payments shall run for the entire period of any late payment of any amount determined to be due and owing; and
(c) permit the Expert, to the extent not provided for by this Clause, to determine in his reasonable discretion such other procedures to assist with the conduct of the determination as he considers just or appropriate.
37.6 If the parties fail to cause an Expert to be appointed or the Expert fails to render a decision in accordance with this Clause, then either party may refer the matter to arbitration in accordance with this agreement.
37.7 The Expert shall act as an expert and not an arbitrator, the process shall not be regarded as an arbitration and the Laws relating to commercial arbitration shall not apply. An Expert’s decision rendered in accordance with this Clause shall be final and binding, binding on the parties except in the case of manifest error or fraud, collusion, bias, or material breach of instructions on the part .
37.8 The reasonable costs of the Expert at which point a Party will (including the costs of assistance under Clause 37.5(a)) shall be permitted to apply to Court for an Order that:borne equally by the parties and each party shall bear its own costs in preparing materials for, and making presentations to, the Expert.
3.11.1 the Expert reconsider his decision (either all of it or part of it); or
3.11.2 37.9 All matters under this Clause shall be conducted, and the Expert’s decision shall be set aside (either all written, in the English language. English language translations of it or part of it).
3.12 If a Party does not abide documents shall be provided by the Expertparty seeking to rely on that document, at that party’s decision the other Party may apply to Court to enforce itcost.
3.13 All information, whether oral, in writing or otherwise, arising out of or in connection with the expert determination will be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception of any information which would in any event have been admissible or disclosable in any such proceedings.
3.14 The Expert is not liable for anything done or omitted in the discharge or purported discharge of his functions, except in the case of fraud or bad faith, collusion, bias, or material breach of instructions on the part of the Expert.
3.15 The Expert is appointed to determine the Dispute or Disputes between the Parties and his decision may not be relied upon by third parties, to whom he shall have no duty of care.
Appears in 2 contracts
Sources: Lease, Operation and Maintenance Agreement, Lease, Operation and Maintenance Agreement (Hoegh LNG Partners LP)
Expert Determination. 3.1 11.1 If any matter falls to be determined in accordance with this Clause 11 (Expert Determination) LFSL shall apply, in writing, to the Parties LCIA to appoint an Expert to decide the matter (the "Application").
11.2 The Expert Determination shall be administered by the LCIA, which shall also be the appointing authority for the purpose of appointing the Expert and for determining any challenge to the Expert brought in accordance with this Clause.
11.3 LFSL and the Affected Scheme Creditor(s) may (but shall not be required to) nominate up to 5 candidate Experts each for consideration by the LCIA within 15 Business Days of the Application. The LCIA shall endeavour to appoint an expert (the "Expert") from the candidates nominated within 15 Business Days of receipt of the Reply or as soon as reasonably practicable thereafter. If no candidates are unable nominated, the LCIA shall choose such Expert as it deems appropriate.
11.4 The Expert shall be a King's Counsel or retired judge of the English High Court.
11.5 All communications concerning the Expert Determination, shall be copied to settle the Dispute through mediationLCIA and, then either Party once appointed, to the Expert.
11.6 An Expert may be challenged by LFSL or an Affected Scheme Creditor if circumstances exist that give rise to justifiable doubts as to their impartiality or independence. In such circumstances the challenge shall be brought, by written notice to the other Party LCIA, 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 days of the appointment of the Expert a statement of its case including a copy or within 10 days of the Expert Determination Notice, the Contract, details challenging party becoming aware of the circumstances giving rise to the Disputechallenge. Unless, 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 20 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, together with any other matters which the Parties and the Expert agree are within the scope of the expert determination. The Expert must send his decision in writing simultaneously to the Parties. Within 5 Business Days following the date of the decision challenge, the Parties must provide challenged Expert withdraws or whichever of the Expert and each other with any requests to correct minor clerical errors or ambiguities in parties has not brought the decision. The Expert must correct any minor clerical errors or ambiguities at his discretion within a further 5 Business Days and send any revised decision simultaneously challenge agrees to the Parties.
3.10 The Parties must bear their own costs and expenses incurred in challenge, the expert determination and are jointly liable for LCIA shall decide the costs of the challenge and, if appropriate, shall appoint a replacement Expert.
3.11 The decision of the Expert is final and binding, except in the case of fraud, collusion, bias, or material breach of instructions on the part of the Expert at which point a Party will be permitted to apply to Court for an Order that:
3.11.1 the Expert reconsider his decision (either all of it or part of it); or
3.11.2 the Expert’s decision be set aside (either all of it or part of it).
3.12 If a Party does not abide by the Expert’s decision the other Party may apply to Court to enforce it.
3.13 All information, whether oral, in writing or otherwise, arising out of or in connection with the expert determination will be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception of any information which would in any event have been admissible or disclosable in any such proceedings.
3.14 The Expert is not liable for anything done or omitted in the discharge or purported discharge of his functions, except in the case of fraud or bad faith, collusion, bias, or material breach of instructions on the part of the Expert.
3.15 The Expert is appointed to determine the Dispute or Disputes between the Parties and his decision may not be relied upon by third parties, to whom he shall have no duty of care.
Appears in 2 contracts
Sources: Scheme of Arrangement, Scheme of Arrangement
Expert Determination. 3.1 20.1 Where this Agreement provide or NGG and the Contracting Shipper have agreed that any dispute, question or other matter (dispute) is to be referred to or determined or resolved by an Expert:
(a) the provisions of this Clause 20 shall apply; and
(b) no party to the dispute shall commence proceedings in any court in respect of or otherwise in connection with such dispute.
20.2 A dispute which is to be referred to or determined or resolved by an Expert shall be determined by an individual appointed as Expert in accordance with this Clause 20.
20.3 Any party to a dispute which is to be resolved by or referred to an Expert may give notice of the dispute in accordance with Clause 20.4.
20.4 The notice shall be given to each other party to the dispute and shall provide brief details of the issues to be resolved.
20.5 The parties to the dispute shall endeavour within ten (10) days after the notice under Clause 20.3 (or as the case may be Clause 20.8) was given to agree upon the selection of a single Expert, and may meet for this purpose.
20.6 If within ten (10) days after the notice under Clause 20.3 (or as the case may be Clause 20.8) was given the parties to the dispute shall not have agreed upon the selection of an Expert, then any party to the dispute may within a further five (5) days refer the matter to the President of the Bar Council of England and Wales.
20.7 Upon the selection under Clause 20.6, the parties to the dispute shall forthwith notify the Expert selected of his selection and the proposed terms of his appointment and shall request him to indicate within ten (10) days whether or not he is willing and able to accept the appointment.
20.8 If the Parties are selected Expert is unwilling or unable to settle accept the Dispute through mediationappointment, then either Party or shall not have confirmed his willingness and ability to accept such appointment within the period required under Clause 20.7, any party to the dispute may give written by 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 such parties require that another person shall be selected as Expert Determination Notice must include a brief statement of the issue or issues which it is desired to refer, the expertise required in the expertaccordance with Clause 20.5 and 20.6, and the solution soughtprocess shall be repeated until an Expert is found who accepts the appointment upon terms acceptable to all the parties to the dispute.
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 20.9 No person shall be appointed nominated as the Expert.
3.3 Where the Parties have not agreed upon an expert, or where a proposed Expert under this Clause 20 unless that person has not confirmed his willingness the requisite education, experience and qualifications to act, then either Party may apply resolve the matter in dispute and is generally recognised by the relevant industry as an Expert in the field or fields of expertise relevant to CEDR for the appointment of dispute.
20.10 The expert shall be an expert. The request must be in writing, accompanied by a copy independent contractor and the relationship of the Expert Determination Notice parties to the dispute and the appropriate fee Expert shall in no event be construed to be that of principal and must be copied simultaneously agent or master and servant.
20.11 The parties 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 dispute shall, no later than five (5) days following the Expert.
3.4 The Party serving the Expert Determination Notice must send 's appointment, submit to the Expert and to each other party to the other Party within 5 Business Days dispute written submissions together with all supporting documentation, information and data which they wish to submit in respect of the dispute.
20.12 Each party to the dispute may, not later than twenty (20) days after the appointment of the Expert a statement of its case including a copy of the Expert Determination NoticeExpert, 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 submit to the Expert and to each other party to the dispute written submissions replying to each other Party within 5 Business Days party's first submission.
20.13 The Expert may at his discretion and at any time request information from any of receiving the statement parties to the dispute, and such Expert may make such other independent professional and/or technical inquiries as he may deem necessary for determining the matter.
20.14 All information submitted by a party to the dispute to the Expert shall be and remain confidential to the Expert, except that copies of caseall such information and data shall be supplied simultaneously to each other party to the dispute.
20.15 The Expert shall not have meetings or discussions with one party to the dispute without giving each other party reasonable notice to attend; and each party to the dispute shall have the opportunity to make representations to the Expert, giving details of what is agreed and what is disputed in the statement presence of case each other party concerned with the matter in dispute, and to be represented by counsel.
20.16 The Expert's determination shall be made in writing, and shall contain the reasons for the determination.
20.17 The Expert's determination shall be final and binding upon the parties to the dispute, save in the event of fraud or manifest error.
20.18 If the Expert has not within a reasonable period (which shall not exceed three (3) months or such other period agreed in his appointment) made a determination, a new Expert shall be appointed at the request of any party to the dispute pursuant to the foregoing provisions of this Clause 20, and upon the acceptance of such appointment by such new Expert, the appointment of the previous Expert shall cease forthwith.
20.19 The Expert shall be deemed not to be an arbitrator or mediator but shall render his decision as an expert, and the reasons whylaw relating to arbitration shall not apply to such Expert, his determination, or the procedure by which he reaches his determination.
3.6 The Expert must produce a written decision with reasons within 30 Business Days 20.20 Each party to the dispute shall bear its own costs including costs of receipt of the statement of case referred to in paragraph 1.9providing documentation, information, data, submissions or any longer period as is agreed by the Parties after the Dispute has been referredcomments under this Clause 20.
3.7 20.21 The Expert will have complete discretion as to how to conduct the expert determination, costs and will establish the procedure and timetable.
3.8 The Parties must comply with any request or direction expenses of the Expert in relation to the expert determination.
3.9 The Expert must decide the matters set out in the Expert Determination Notice(including all advisers, together with any employees and other matters which the Parties and the Expert agree are within the scope of the expert determination. The Expert must send his decision in writing simultaneously to the Parties. Within 5 Business Days following the date of the decision the Parties must provide the Expert and each other with any requests to correct minor clerical errors or ambiguities in the decision. The Expert must correct any minor clerical errors or ambiguities at his discretion within a further 5 Business Days and send any revised decision simultaneously to the Parties.
3.10 The Parties must bear their own costs and expenses incurred in the expert determination and are jointly liable for the costs of the Expert.
3.11 The decision of the Expert is final and binding, except in the case of fraud, collusion, bias, or material breach of instructions on the part of the Expert at which point a Party will be permitted to apply to Court for an Order that:
3.11.1 the Expert reconsider his decision (either all of it or part of it); or
3.11.2 the Expert’s decision be set aside (either all of it or part of it).
3.12 If a Party does not abide persons retained by the Expert’s decision the other Party may apply to Court to enforce it.
3.13 All information, whether oral, in writing or otherwise, arising out of or him) in connection with a determination under this Clause 20, shall be borne as to one half by NGG and as to one half by the expert determination will be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception of any information which would in any event have been admissible or disclosable in any such proceedingsContracting Shipper.
3.14 The Expert is not liable for anything done or omitted in the discharge or purported discharge of his functions, except in the case of fraud or bad faith, collusion, bias, or material breach of instructions on the part of the Expert.
3.15 The Expert is appointed to determine the Dispute or Disputes between the Parties and his decision may not be relied upon by third parties, to whom he shall have no duty of care.
Appears in 1 contract
Sources: Operating Margins Services Agreement
Expert Determination. 3.1
20.2.1 In the event of a Dispute between the Parties regarding any technical matter, including matters relating to metering and measurement, the Parties hereby agree that, upon the request of either Party, such Dispute shall be submitted to an Expert pursuant to this Clause 20.2.
20.2.2 The Party desiring the Expert appointment to be made shall notify the other Party in writing, specifying details of the matter proposed to be resolved.
20.2.3 The Parties shall meet in an effort to agree upon a single Expert to whom the matter in dispute shall be referred for determination. If within twenty-one (21) days from the service of the such notice the Parties have either failed to meet or failed to agree upon an Expert, then the matter may be referred forthwith by the Party desiring the appointment to be made to the DIS which shall be requested to appoint the Expert within thirty (30) days and in so doing may take such independent advice as it deems fit.
20.2.4 Upon an Expert being agreed or selected, the Parties shall forthwith notify such Expert of his selection and shall request him within fourteen (14) days to state whether or not he is willing and able to accept the appointment.
20.2.5 If such Expert is unwilling or unable to accept such appointment or has not stated his willingness and ability to accept such appointment within the fourteen (14) day period, then (unless the Parties are unable able to settle agree upon the Dispute through mediationappointment of another Expert) the matter shall again be referred (by either Party) in the aforesaid manner to the DIS which shall be requested to make a further appointment and the process shall be repeated until an Expert is found who accepts appointment.
20.2.6 No Person shall be appointed to act as the Expert under this Clause 20.2 unless qualified by education, then experience and training to determine the matter in dispute.
20.2.7 Any Person appointed as the Expert shall be entitled to act as such Expert, provided that before accepting such appointment he fully discloses to the Parties any interest or duty and any conflict of interest or potential conflict of interest, including all particulars thereof. If such disclosure has been made, either Party may give written notice to the other Party require within 10 five (5) Business Days of closure from such disclosure removal of the failed mediation of its intention to refer Expert, stating 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 expertreasons for such removal, and the solution soughtsuch Expert shall be replaced in accordance with this Clause 20.2.
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 determination20.2.8 If, 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 at any time prior to the Expert and to the other Party within 5 Business Days rendering a decision on any matter, a conflict or potential conflict of the appointment of interest arises, then the Expert a statement of its case including a copy of will fully disclose 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, together with any other matters which the Parties and the Expert agree are within the scope of the expert determination. The Expert must send his decision in writing simultaneously to the Parties. Within 5 Business Days following the date of the decision the Parties must provide the Expert and each other with any requests to correct minor clerical errors or ambiguities in the decision. The Expert must correct any minor clerical errors or ambiguities at his discretion within a further 5 Business Days and send any revised decision simultaneously to the Parties.
3.10 The Parties must bear their own costs and expenses incurred in the expert determination and are jointly liable for the costs of the Expert.
3.11 The decision of the Expert is final and binding, except in the case of fraud, collusion, bias, or material breach of instructions on the part of the Expert at which point a Party will be permitted to apply to Court for an Order that:
3.11.1 the Expert reconsider his decision (either all of it or part of it); or
3.11.2 the Expert’s decision be set aside (either all of it or part of it).
3.12 If a Party does not abide by the Expert’s decision the other Party may apply to Court to enforce it.
3.13 All information, whether oral, in writing or otherwise, arising out of or in connection with the expert determination will be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception of any information which would in any event have been admissible or disclosable in any such proceedings.
3.14 The Expert is not liable for anything done or omitted in the discharge or purported discharge of his functions, except in the case of fraud or bad faith, collusion, bias, or material breach of instructions on the part of the Expert.
3.15 The Expert is appointed to determine the Dispute or Disputes between the Parties and his decision may not be relied upon by third parties, to whom he shall have no duty of care.particulars of
Appears in 1 contract
Sources: Terminal Use Agreement
Expert Determination. 3.1
12.2.1 In the event of a Dispute between the Parties regarding any technical matter, including matters relating to metering and measurement, the Parties hereby agree that, upon the request of any Party, such Dispute shall be submitted to an Expert pursuant to this Clause 12.2.
12.2.2 The Party desiring the Expert appointment to be made shall notify the other Parties in writing, specifying details of the matter proposed to be resolved.
12.2.3 The Parties shall meet in an effort to agree upon a single Expert to whom the matter in dispute shall be referred for determination. If within twenty-one (21) days from the service of such notice the Parties have either failed to meet or failed to agree upon an Expert, then the matter may be referred forthwith by the Party desiring the appointment to be made to the DIS which shall be requested to appoint the Expert within thirty (30) days and in so doing may take such independent advice as it deems fit.
12.2.4 Upon an Expert being agreed or selected, the Parties shall forthwith notify such Expert of his selection and shall request him within fourteen (14) days to state whether or not he is willing and able to accept the appointment.
12.2.5 If such Expert is unwilling or unable to accept such appointment or has not stated his willingness and ability to accept such appointment within the fourteen (14) day period, then (unless the Parties are unable able to settle agree upon the Dispute through mediation, then either Party may give written notice appointment of another Expert) the matter shall again be referred (by any Party) in the aforesaid manner to the other Party within 10 Business Days of closure of the failed mediation of its intention DIS which shall be requested to refer the Dispute to expert determination. The Expert Determination Notice must include make a brief statement of the issue or issues which it is desired to refer, the expertise required in the expert, further appointment and the solution soughtprocess shall be repeated until an Expert is found who accepts appointment.
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 12.2.6 No Person shall be appointed to act as the ExpertExpert under this Clause 12.2 unless qualified by education, experience and training to determine the matter in dispute.
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 12.2.7 Any Person appointed as the Expert shall be entitled to act as such Expert, provided that before accepting such appointment he fully discloses to the Parties any interest or duty and any conflict of interest or potential conflict of interest, including all particulars thereof. If such disclosure has been made, any Party may require within five (5) Business Days from such disclosure removal of the Expert, stating the reasons for such removal, and such Expert shall be replaced in accordance with this Clause 12.2.
3.4 The Party serving the Expert Determination Notice must send 12.2.8 If, at any time prior to the Expert and to the other Party within 5 Business Days rendering a decision on any matter, a conflict or potential conflict of the appointment of interest arises, then the Expert a statement will fully disclose the particulars 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, together with any other matters which the Parties and the Expert agree are within the scope of the expert determination. The Expert must send his decision in writing simultaneously such facts to the Parties. Within 5 In that event, any Party may within five (5) Business Days following from such disclosure require the date of the decision the Parties must provide the Expert and each other with any requests to correct minor clerical errors or ambiguities in the decision. The Expert must correct any minor clerical errors or ambiguities at his discretion within a further 5 Business Days and send any revised decision simultaneously to the Parties.
3.10 The Parties must bear their own costs and expenses incurred in the expert determination and are jointly liable for the costs removal of the Expert.
3.11 The decision of the , and a new Expert is final and binding, except in the case of fraud, collusion, bias, or material breach of instructions on the part of the Expert at which point a Party will be permitted to apply to Court for an Order that:
3.11.1 the Expert reconsider his decision (either all of it or part of it); or
3.11.2 the Expert’s decision be set aside (either all of it or part of it).
3.12 If a Party does not abide by the Expert’s decision the other Party may apply to Court to enforce it.
3.13 All information, whether oral, in writing or otherwise, arising out of or in connection with the expert determination will be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception of any information which would in any event have been admissible or disclosable in any such proceedings.
3.14 The Expert is not liable for anything done or omitted in the discharge or purported discharge of his functions, except in the case of fraud or bad faith, collusion, bias, or material breach of instructions on the part of the Expert.
3.15 The Expert is appointed to determine the Dispute or Disputes between the Parties and his decision may not be relied upon by third parties, to whom he shall have no duty of care.be
Appears in 1 contract
Sources: Terminal Inter User Agreement
Expert Determination. 3.1 29.1. If a matter is expressly to be referred to an Expert under this PS Agreement, or the Parties otherwise agree that a point of difference between them shall be resolved by an Expert, then the matter in issue shall be referred to an Expert appointed in accordance with this Article 29 (the “Expert”) and this Article 29 shall apply.
29.2. The procedure for the appointment of an Expert shall be as follows:
a) the Party wishing the appointment to be made shall give notice in writing to that effect, together with reasonable details of the dispute or difference to be resolved by the Expert, and the Parties shall meet in an endeavour to agree upon a single Expert;
b) if the Parties do not agree upon the appointment of an Expert within 30 (thirty) days after the notice under Clause 29.2(a), either Party may apply to the President of Professional Institute of Pipeline Engineers (“PIPE”) (providing a copy of this PS Agreement and any other information concerning the Expert’s functions) for it to appoint an Expert as soon as reasonably practicable and the Expert will be the Person selected by the PIPE.
c) if the Expert dies or becomes unwilling or incapable of acting, or does not deliver the decision within the time required by this Clause then:
i. either Party may apply to the PIPE to discharge the Expert and to appoint a replacement Expert with the required expertise; and
ii. this Article 29 applies in relation to the new Expert as if he were the first Expert appointed.
29.3. A Person shall not be appointed as an Expert:
a) unless he is qualified by education, experience and training to determine the matter in dispute; or
b) if he has an interest or duty that would materially conflict with his role (including being a present or former director, officer, employee, agent ,consultant or affiliated in any way to the CPC or the Pipeline Company). The person appointed should make such disclosure in respect of clause 29.3 before the commencement of the expert determination.
29.4. The following procedures shall apply when a matter is submitted to an Expert for determination:
a) Within 15 (fifteen) days of the Expert’s appointment, the Party that submitted the matter to Expert determination shall submit to both the Expert and the other Party:
i. a written description of such matter and a statement of that Party’s position; and
ii. any relevant evidence supporting its position.
b) Within 15 (fifteen) days after a Party has submitted the materials described in Clause 29.4(a), the other Party shall submit to both the Expert and the first Party:
i. written materials setting forth its response to the first Party’s submissions, as well as a statement of its own position as appropriate; and
ii. any relevant evidence supporting its position.
c) The Expert shall consider the materials submitted by the parties in accordance with Clauses 29.4(a) and 29.4(b) and, in the Expert’s discretion, may consider any additional information submitted by either Party at a later date.
d) The Expert shall deliver his decision, with full written reasons, as soon as practicable after receiving the data and submissions supplied and made to him by the Parties but in any event not later than 45 (forty-five) days after the date of the expert’s appointment.
e) The Parties shall not be entitled to apply for discovery of documents.
f) The Parties will provide (or procure that others provide) the Expert with such assistance and documents as the Expert reasonably requires for the purpose of reaching a decision.
29.5. The terms of appointment of the Expert shall:
a) entitle the Expert to obtain such independent professional and/or technical advice as he may reasonably require;
b) provide that the Expert shall have the power to award interest based on prior agreement between the parties on the calculation of such interest, and that interest on late payments shall run for the entire period of any late payment of any amount determined to be due and owing; and
c) permit the Expert, to the extent not provided for by this Clause, to determine in his reasonable discretion such other procedures to assist with the conduct of the determination as he considers just or appropriate.
29.6. If the Parties are unable fail to settle cause an Expert to be appointed or the Dispute through mediationExpert fails to render a decision in accordance with this Clause, 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 matter to expert determinationarbitration in accordance with this PS Agreement. 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 shall act as an expert and not an arbitrator, the expert has confirmed process shall not be regarded as an arbitration and the Laws relating to commercial arbitration shall not apply. An Expert’s decision rendered in writing his readiness and willingness to embark upon the expert determination, then that person accordance with this Clause shall be appointed as the Expert.
3.3 Where final and binding on 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, together with any other matters which the Parties and the Expert agree are within the scope of the expert determination. The Expert must send his decision in writing simultaneously to the Parties. Within 5 Business Days following the date of the decision the Parties must provide the Expert and each other with any requests to correct minor clerical errors or ambiguities in the decision. The Expert must correct any minor clerical errors or ambiguities at his discretion within a further 5 Business Days and send any revised decision simultaneously to the Parties.
3.10 The Parties must bear their own costs and expenses incurred in the expert determination and are jointly liable for the costs of the Expert.
3.11 The decision of the Expert is final and binding, except in the case of manifest error or fraud, collusion, bias, or material breach of instructions on the part .
29.7. The reasonable costs of the Expert at which point a (including the costs of assistance under Clause 29.5(a)) shall be borne equally by the Parties and each Party will shall bear its own costs in preparing materials for, and making presentations to, the Expert.
29.8. All matters under this Clause shall be permitted to apply to Court for an Order that:
3.11.1 the Expert reconsider his decision (either all of it or part of it); or
3.11.2 conducted, and the Expert’s decision shall be set aside (either all written, in the English language. English language translations of it or part of it)documents shall be provided by the Party seeking to rely on that document, at that Party’s cost.
3.12 If 29.9. Unless a Party does not abide party refers the dispute to arbitration within 28 (twenty eight) days, the determination by the Expert’s decision the other Party may apply to Court to enforce it.
3.13 All information, whether oral, in writing or otherwise, arising out of or in connection with the expert determination will shall be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception of any information which would in any event have been admissible or disclosable in any such proceedings.
3.14 The Expert is not liable for anything done or omitted in the discharge or purported discharge of his functions, except in the case of fraud or bad faith, collusion, bias, or material breach of instructions on the part of the Expert.
3.15 The Expert is appointed to determine the Dispute or Disputes between the Parties final and his decision may not be relied upon by third parties, to whom he shall have no duty of care.binding
Appears in 1 contract
Sources: Boot Contract for Construction of R LNG Pipeline System
Expert Determination. 3.1 16.1 Where any Clause of this Agreement provides for a matter to be referred for non-binding resolution by an expert, the expert appointed to resolve such matter (the "Expert") shall be an independent expert whose appointment is agreed between the Parties.
16.2 If the Parties are unable to settle the Dispute through mediation, then either Party may give written notice to the other Party agree on an Expert within 10 ten (10) Business Days of closure either Party serving details of a suggested expert on the other, either Party shall then be entitled to request the President for the time being of the failed mediation Institute of its intention Intellectual Property Licensing or of the Chartered Accountants in England and Wales (as is most applicable to refer the Dispute matter in dispute) to expert appoint an Expert of repute with appropriate qualifications, expertise, experience and skill in the issue in dispute.
16.3 The Parties shall be required to make submissions to the Expert with respect to the matter in dispute, which shall be limited to forty (40) pages, inclusive of exhibits, provided that with respect to any dispute referred to the Expert under Clause 14.6, each Party may include a draft of such Party’s proposed license agreement or license terms, which may be in excess of the foregoing 40-page limit. The Parties shall provide (or procure that others provide) the Expert with such assistance and documents as the Expert shall reasonably require for the purposes of making their determination. The Expert Determination Notice must include a brief statement of shall prescribe the issue or issues which it is desired to refer, the expertise required time period 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, together with any other matters which the Parties and the Expert agree are within the scope of the expert determination. The Expert must send his decision in writing simultaneously will be required to the Parties. Within 5 provide such submissions, which shall not exceed thirty (30) Business Days following the date Expert’s appointment.
16.4 The Expert shall be required to use their diligent efforts deliver a notice setting out his/her determination within thirty (30) Business Days following receipt of the decision the Parties must provide Parties’ submissions. With respect to any dispute as to valuation, the Expert and shall adopt a valuation method which he/she considers, in his/her absolute discretion, to be the most appropriate method for the matter upon which determination is required.
16.5 The Parties shall provide each other with any requests such reasonable information as will enable them to correct minor clerical errors or ambiguities in the decision. make submissions under Clause 16.3.
16.6 The Expert must correct any minor clerical errors or ambiguities at his discretion within a further 5 Business Days shall act as an expert and send any revised decision simultaneously not as an arbitrator and either Party shall have the right to refer the Parties.
3.10 The Parties must bear their own costs and expenses incurred in dispute, if not resolved on the expert determination and are jointly liable for the costs basis of the Expert’s determination, to final resolution in accordance with Clause 27.
3.11 16.7 The decision costs of the any reference to an Expert is final and binding, except in the case of fraud, collusion, bias, or material breach of instructions on the part of the Expert at which point a Party will under this Clause 16 shall be permitted to apply to Court for an Order that:
3.11.1 the Expert reconsider his decision (either all of it or part of it); or
3.11.2 the Expert’s decision be set aside (either all of it or part of it).
3.12 If a Party does not abide borne by the Expert’s decision the other Party may apply to Court to enforce itParties equally.
3.13 All information, whether oral, in writing or otherwise, arising out of or in connection with the expert determination will be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception of any information which would in any event have been admissible or disclosable in any such proceedings.
3.14 The Expert is not liable for anything done or omitted in the discharge or purported discharge of his functions, except in the case of fraud or bad faith, collusion, bias, or material breach of instructions on the part of the Expert.
3.15 The Expert is appointed to determine the Dispute or Disputes between the Parties and his decision may not be relied upon by third parties, to whom he shall have no duty of care.
Appears in 1 contract
Sources: Convertible Loan Agreement (Alto Neuroscience, Inc.)
Expert Determination. 3.1 16.1 Where any Clause of this Agreement provides for a matter to be referred for non-binding resolution by an expert, the expert appointed to resolve such matter (the "Expert") shall be an independent expert whose appointment is agreed between the Parties.
16.2 If the Parties are unable to settle the Dispute through mediation, then either Party may give written notice to the other Party agree on an Expert within 10 ten (10) Business Days of closure either Party serving details of a suggested expert on the other, either Party shall then be entitled to request the President for the time being of the failed mediation Institute of its intention Intellectual Property Licensing or of the Chartered Accountants in England and Wales (as is most applicable to refer the Dispute matter in dispute) to expert appoint an Expert
16.3 The Parties shall be required to make submissions to the Expert with respect to the matter in dispute, which shall be limited to forty (40) pages, inclusive of exhibits, provided that with respect to any dispute referred to the Expert under Clause 14.6, each Party may include a draft of such Party’s proposed license agreement or license terms, which may be in excess of the foregoing 40-page limit. The Parties shall provide (or procure that others provide) the Expert with such assistance and documents as the Expert shall reasonably require for the purposes of making their determination. The Expert Determination Notice must include a brief statement of shall prescribe the issue or issues which it is desired to refer, the expertise required time period 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, together with any other matters which the Parties and the Expert agree are within the scope of the expert determination. The Expert must send his decision in writing simultaneously will be required to the Parties. Within 5 provide such submissions, which shall not exceed thirty (30) Business Days following the date Expert’s appointment.
16.4 The Expert shall be required to use their diligent efforts deliver a notice setting out his/her determination within thirty (30) Business Days following receipt of the decision the Parties must provide Parties’ submissions. With respect to any dispute as to valuation, the Expert and shall adopt a valuation method which he/she considers, in his/her absolute discretion, to be the most appropriate method for the matter upon which determination is required.
16.5 The Parties shall provide each other with any requests such reasonable information as will enable them to correct minor clerical errors or ambiguities in the decision. make submissions under Clause 16.3.
16.6 The Expert must correct any minor clerical errors or ambiguities at his discretion within a further 5 Business Days shall act as an expert and send any revised decision simultaneously not as an arbitrator and either Party shall have the right to refer the Parties.
3.10 The Parties must bear their own costs and expenses incurred in dispute, if not resolved on the expert determination and are jointly liable for the costs basis of the Expert’s determination, to final resolution in accordance with Clause 27.
3.11 16.7 The decision costs of the any reference to an Expert is final and binding, except in the case of fraud, collusion, bias, or material breach of instructions on the part of the Expert at which point a Party will under this Clause 16 shall be permitted to apply to Court for an Order that:
3.11.1 the Expert reconsider his decision (either all of it or part of it); or
3.11.2 the Expert’s decision be set aside (either all of it or part of it).
3.12 If a Party does not abide borne by the Expert’s decision the other Party may apply to Court to enforce itParties equally.
3.13 All information, whether oral, in writing or otherwise, arising out of or in connection with the expert determination will be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception of any information which would in any event have been admissible or disclosable in any such proceedings.
3.14 The Expert is not liable for anything done or omitted in the discharge or purported discharge of his functions, except in the case of fraud or bad faith, collusion, bias, or material breach of instructions on the part of the Expert.
3.15 The Expert is appointed to determine the Dispute or Disputes between the Parties and his decision may not be relied upon by third parties, to whom he shall have no duty of care.
Appears in 1 contract
Sources: Convertible Loan Agreement
Expert Determination. 3.1 20.1 Where this Agreement provides or NGG and the Service Provider have agreed that any dispute, question or other matter (dispute) is to be referred to or determined or resolved by an Expert:
(a) the provisions of this Clause 20 shall apply; and
(b) no party to the dispute shall commence proceedings in any court in respect of or otherwise in connection with such dispute.
20.2 A dispute which is to be referred to or determined or resolved by an Expert shall be determined by an individual appointed as Expert in accordance with this Clause 20.
20.3 Any party to a dispute which is to be resolved by or referred to an Expert may give notice of the dispute in accordance with Clause 20.4.
20.4 The notice shall be given to each other party to the dispute and shall provide brief details of the issues to be resolved.
20.5 The parties to the dispute shall endeavour within ten (10) days after the notice under Clause 20.3 (or as the case may be Clause 20.8) was given to agree upon the selection of a single Expert, and may meet for this purpose.
20.6 If within ten (10) days after the notice under Clause 20.3 (or as the case may be Clause 20.8) was given the parties to the dispute shall not have agreed upon the selection of an Expert, then any party to the dispute may within a further five (5) days refer the matter to the President of the Bar Council of England and Wales.
20.7 Upon the selection under Clause 20.6, the parties to the dispute shall forthwith notify the Expert selected of his selection and the proposed terms of his appointment and shall request him to indicate within ten (10) days whether or not he is willing and able to accept the appointment.
20.8 If the Parties are selected Expert is unwilling or unable to settle accept the Dispute through mediationappointment, then either Party or shall not have confirmed his willingness and ability to accept such appointment within the period required under Clause 20.7, any party to the dispute may give written by 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 such parties require that another person shall be selected as Expert Determination Notice must include a brief statement of the issue or issues which it is desired to refer, the expertise required in the expertaccordance with Clause 20.5 and 20.6, and the solution soughtprocess shall be repeated until an Expert is found who accepts the appointment upon terms acceptable to all the parties to the dispute.
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 20.9 No person shall be appointed nominated as the Expert.
3.3 Where the Parties have not agreed upon an expert, or where a proposed Expert under this Clause 20 unless that person has not confirmed his willingness the requisite education, experience and qualifications to act, then either Party may apply resolve the matter in dispute and is generally recognised by the relevant industry as an Expert in the field or fields of expertise relevant to CEDR for the appointment of dispute.
20.10 The Expert shall be an expert. The request must be in writing, accompanied by a copy independent contractor and the relationship of the Expert Determination Notice parties to the dispute and the appropriate fee Expert shall in no event be construed to be that of principal and must be copied simultaneously agent or master and servant.
20.11 The parties 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 dispute shall, no later than five (5) days following the Expert.
3.4 The Party serving the Expert Determination Notice must send 's appointment, submit to the Expert and to each other party to the other Party within 5 Business Days dispute written submissions together with all supporting documentation, information and data which they wish to submit in respect of the dispute.
20.12 Each party to the dispute may, not later than twenty (20) days after the appointment of the Expert a statement of its case including a copy of the Expert Determination NoticeExpert, 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 submit to the Expert and to each other party to the dispute written submissions replying to each other Party within 5 Business Days party's first submission.
20.13 The Expert may at his discretion and at any time request information from any of receiving the statement parties to the dispute, and such Expert may make such other independent professional and/or technical inquiries as he may deem necessary for determining the matter.
20.14 All information submitted by a party to the dispute to the Expert shall be and remain confidential to the Expert, except that copies of caseall such information and data shall be supplied simultaneously to each other party to the dispute.
20.15 The Expert shall not have meetings or discussions with one party to the dispute without giving each other party reasonable notice to attend; and each party to the dispute shall have the opportunity to make representations to the Expert, giving details of what is agreed and what is disputed in the statement presence of case each other party concerned with the matter in dispute, and to be represented by counsel.
20.16 The Expert's determination shall be made in writing, and shall contain the reasons for the determination.
20.17 The Expert's determination shall be final and binding upon the Parties to the dispute, save in the event of fraud or manifest error.
20.18 If the Expert has not within a reasonable period (which shall not exceed 90 Days or such other period agreed in his appointment) made a determination, a new Expert shall be appointed at the request of any party to the dispute pursuant to the foregoing provisions of this Clause 20, and upon the acceptance of such appointment by such new Expert, the appointment of the previous Expert shall cease forthwith.
20.19 The Expert shall be deemed not to be an arbitrator or mediator but shall render his decision as an expert, and the reasons whylaw relating to arbitration shall not apply to such Expert, his determination, or the procedure by which he reaches his determination.
3.6 The Expert must produce a written decision with reasons within 30 Business Days 20.20 Each party to the dispute shall bear its own costs including costs of receipt of the statement of case referred to in paragraph 1.9providing documentation, information, data, submissions or any longer period as is agreed by the Parties after the Dispute has been referredcomments under this Clause 20.
3.7 20.21 The Expert will have complete discretion as to how to conduct the expert determination, costs and will establish the procedure and timetable.
3.8 The Parties must comply with any request or direction expenses of the Expert in relation to the expert determination.
3.9 The Expert must decide the matters set out in the Expert Determination Notice(including all advisers, together with any employees and other matters which the Parties and the Expert agree are within the scope of the expert determination. The Expert must send his decision in writing simultaneously to the Parties. Within 5 Business Days following the date of the decision the Parties must provide the Expert and each other with any requests to correct minor clerical errors or ambiguities in the decision. The Expert must correct any minor clerical errors or ambiguities at his discretion within a further 5 Business Days and send any revised decision simultaneously to the Parties.
3.10 The Parties must bear their own costs and expenses incurred in the expert determination and are jointly liable for the costs of the Expert.
3.11 The decision of the Expert is final and binding, except in the case of fraud, collusion, bias, or material breach of instructions on the part of the Expert at which point a Party will be permitted to apply to Court for an Order that:
3.11.1 the Expert reconsider his decision (either all of it or part of it); or
3.11.2 the Expert’s decision be set aside (either all of it or part of it).
3.12 If a Party does not abide persons retained by the Expert’s decision the other Party may apply to Court to enforce it.
3.13 All information, whether oral, in writing or otherwise, arising out of or him) in connection with a determination under this Clause 20, shall be borne as to one half by NGG and as to one half by the expert determination will be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception of any information which would in any event have been admissible or disclosable in any such proceedingsService Provider.
3.14 The Expert is not liable for anything done or omitted in the discharge or purported discharge of his functions, except in the case of fraud or bad faith, collusion, bias, or material breach of instructions on the part of the Expert.
3.15 The Expert is appointed to determine the Dispute or Disputes between the Parties and his decision may not be relied upon by third parties, to whom he shall have no duty of care.
Appears in 1 contract
Sources: Operating Margins Services Agreement