Expert Determination. 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 able to agree upon the appointment 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, 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 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 19.2. 19.2.8 If, at any time prior to the Expert 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 Parties. In that event, either Party may within five (5) Business Days from such disclosure require the removal of the Expert, and a new Expert shall be appointed in accordance with the terms of this Clause 19.
Appears in 4 contracts
Sources: Terminal Use Agreement, Terminal Use Agreement, Terminal Use Agreement
Expert Determination. 19.2.1 In the event of a Dispute between 3.1 If the Parties regarding any technical matterare unable to settle the Dispute through mediation, including matters relating then either Party may give written notice 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 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, specifying 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 matter proposed 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 resolvedconfined to the issues raised in the Expert Determination Notice.
19.2.3 3.5 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 not serving 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 able to agree upon the appointment 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, 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 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 19.2.
19.2.8 If, at any time prior Determination Notice must reply to the Expert rendering 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 on with reasons within 30 Business Days of receipt of the statement of case referred to in paragraph 1.9, or any matterlonger 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, a conflict and will establish the procedure and timetable.
3.8 The Parties must comply with any request or potential conflict direction of interest arises, then the Expert will fully disclose in relation to the particulars 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 such facts the expert determination. The Expert must send his decision in writing simultaneously to the Parties. In that event, either Party may within five (5) Within 5 Business Days from such disclosure require following the removal 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, and except in the case of fraud, collusion, bias, or material breach of instructions on the part of the Expert at which point a new Party will be permitted to apply to Court for an Order that:
3.11.1 the Expert shall reconsider his decision (either all of it or part of it); or
3.11.2 the Expert’s decision be appointed 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 accordance writing or otherwise, arising out of or in connection with the terms expert determination will be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception of this Clause 19any 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. 19.2.1 In 20.1 Where this Agreement provides or NGG and the event 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 a Dispute between this Clause 20 shall apply; and
(b) no party to the Parties regarding dispute shall commence proceedings in any technical matter, including matters relating court in respect of or otherwise in connection with such dispute.
20.2 A dispute which is to metering and measurement, the Parties hereby agree that, upon the request of either Party, such Dispute be referred to or determined or resolved by an Expert shall be submitted 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 pursuant to this may give notice of the dispute in accordance with Clause 19.220.4.
19.2.2 20.4 The Party desiring notice shall be given to each other party to the Expert appointment to be made dispute and shall notify the other Party in writing, specifying provide brief details of the matter proposed issues to be resolved.
19.2.3 20.5 The Parties shall meet in an effort parties to agree upon a single Expert to whom the matter in dispute shall be referred for determination. endeavour within ten (10) days after the notice under Clause
20.6 If within twenty-one ten (2110) days from after the service 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 such notice the Parties have either failed to meet or failed to agree upon an Expert, then any party to the dispute may within a further five (5) days refer the matter may be referred forthwith by the Party desiring the appointment to be made to the DIS which shall be requested to appoint President of the Expert within thirty (30) days Bar Council of England and in so doing may take such independent advice as it deems fitWales.
19.2.4 20.7 Upon an Expert being agreed or selectedthe selection under Clause 20.6, the Parties parties to the dispute shall forthwith notify such the Expert selected of his selection and the proposed terms of his appointment and shall request him to indicate within fourteen ten (1410) days to state whether or not he is willing and able to accept the appointment.
19.2.5 20.8 If such the selected Expert is unwilling or unable to accept such appointment the appointment, or has shall not stated have confirmed his willingness and ability to accept such appointment within the fourteen (14) day periodperiod required under Clause 20.7, then (unless the Parties are able to agree upon the appointment of another Expert) the matter shall again be referred (by either Party) in the aforesaid manner any party to the DIS which dispute may by notice to the other such parties require that another person shall be requested to make a further appointment selected as Expert in accordance with Clause 20.5 and 20.6, and the process shall be repeated until an Expert is found who accepts appointmentthe appointment upon terms acceptable to all the parties to the dispute.
19.2.6 20.9 No Person person shall be appointed to act nominated as the a proposed Expert under this Clause 19.2 20 unless qualified by that person has the requisite education, experience and training qualifications to determine 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 the dispute.
20.10 The Expert shall be an independent contractor and the relationship of the parties to the dispute and the Expert shall in no event be construed to be that of principal and agent or master and servant.
20.11 The parties to the dispute shall, no later than five (5) days following the Expert's appointment, submit to the Expert and to each other party to the 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, submit to the Expert and to each other party to the dispute written submissions replying to each other party's first submission.
20.13 The Expert may at his discretion and at any time request information from any of the 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 all 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, in the presence of each other party concerned with the matter in dispute, and to be represented by counsel.
19.2.7 Any Person appointed as the Expert 20.16 The Expert's determination shall be entitled to act as such Expertmade in writing, 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 require within five (5) Business Days from such disclosure removal of the Expert, stating shall contain the reasons for such removal, and such Expert the determination.
20.17 The Expert's determination shall be replaced final and binding upon the Parties to the dispute, save in accordance with this Clause 19.2the event of fraud or manifest error.
19.2.8 If, at any time prior to 20.18 If the Expert rendering has not within a decision on any matterreasonable period (which shall not exceed 90 Days or such other period agreed in his appointment) made a determination, a conflict or potential conflict of interest arises, then the Expert will fully disclose the particulars of such facts to the Parties. In that event, either Party may within five (5) Business Days from such disclosure require the removal of the Expert, and a new Expert shall be appointed in accordance with at the terms request of any party to the dispute pursuant to the foregoing provisions of this Clause 1920, 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 law relating to arbitration shall not apply to such Expert, his determination, or the procedure by which he reaches his determination.
20.20 Each party to the dispute shall bear its own costs including costs of providing documentation, information, data, submissions or comments under this Clause 20.
20.21 The costs and expenses of the Expert (including all advisers, employees and other persons retained by 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 Service Provider.
Appears in 2 contracts
Sources: Gas Delivery Services Agreement, Operating Margins Services Agreement
Expert Determination. 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 able to agree upon the appointment 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, 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 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 19.2.
19.2.8 If, at any time prior to the Expert 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 Parties. In that event, either Party may within five (5) Business Days from such disclosure require the removal of the Expert, and a new Expert shall be appointed in accordance with the terms of this Clause 19.
Appears in 2 contracts
Sources: Terminal Use Agreement, Terminal Use Agreement
Expert Determination. 19.2.1 In the event of a Dispute between the (A) If any Parties regarding are unable to achieve an agreement in relation to any technical matter, including matters relating to metering and measurement, the Parties hereby agree that, upon the request of either Party, such Dispute shall matter which is expressly stated in this Agreement that may be submitted referred to an Expert pursuant (as defined below), 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 dispute within ten (10) days of the notice of referral or, failing such agreement, by the President of the LCIA Court for the time being. The Expert shall be an investment banker or finance professional with at least 10 years’ experience in the mining industry.
(C) The Expert shall have the power to determine an Expert Dispute. Subject to the terms of this Clause 19.215.3 the Expert shall be entitled to determine the procedure 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.
19.2.2 The Party desiring (D) In making a determination:
(1) the Expert shall act in the capacity of an expert, not an arbitrator;
(2) each party to the dispute may make written representations to the Expert including its position on the issue in dispute. The Expert will set a timetable for the submission of such written representations. The Expert is entitled to make his or her determination after the expiry of the periods set out in the timetable, whether or not written representations were submitted by each party to the dispute; and
(3) in making his or her decision the Expert 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 parties to the dispute by email on the date of his or her determination. Any sum ordered 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 payable 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 paid within fourteen (14) days of the date of the decision and the Parties must do all things necessary to state whether or not he is willing give effect to and able to accept comply with the appointmentdetermination of the Expert (including, if applicable, paying the Expert determined Buyback Fee).
19.2.5 If such Expert is unwilling or unable (F) Subject to accept such appointment or has not stated his willingness Clause 15.3(I), the Expert’s determination shall be final and ability to accept such appointment within the fourteen (14) day periodbinding, then (unless the Parties are able to agree upon the appointment of another Expert) the matter shall again be referred (by either Party) save 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 appointmentcase of fraud or manifest error.
19.2.6 No Person (G) The Expert shall be appointed have the power to act award costs as the Expert under this Clause 19.2 unless qualified by education, experience and training to determine the matter in dispute.
19.2.7 Any Person appointed well as interest on any sums awarded as he or she shall think appropriate. The fees of the Expert shall be entitled 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, the Expert shall be competent to act as such Expertrule 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, 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 require within five fifteen (515) Business Days from such disclosure removal of the 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
(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, stating in which case, the reasons for such removaldetermination of the Expert will be binding on an interim basis, and such the Parties agree to do all things necessary to give effect to and comply with the determination of the Expert shall be replaced until the Expert Dispute the subject of the determination of the Expert is finally resolved by proceedings in accordance with this Clause 19.215.1.
19.2.8 If, at any time prior to the Expert 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 Parties. In that event, either Party may within five (5) Business Days from such disclosure require the removal of the Expert, and a new Expert shall be appointed in accordance with the terms of this Clause 19.
Appears in 2 contracts
Sources: Sale and Purchase Agreement (Sedibelo Resources LTD), Sale and Purchase Agreement (Sedibelo Resources LTD)
Expert Determination. 19.2.1 In the event of a Dispute between the Parties regarding 11.1 If 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 matter falls 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 able to agree upon the appointment 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, 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 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 determined in accordance with this Clause 19.211 (Expert Determination) LFSL shall apply, in writing, to the LCIA to appoint an Expert to decide the matter (the "Application").
19.2.8 If11.2 The Expert Determination shall be administered by the LCIA, at which shall also be the appointing authority for the purpose of appointing the Expert and for determining any time prior challenge to the Expert rendering a decision on any matter, a conflict or potential conflict of interest arises, then brought in accordance with this Clause.
11.3 LFSL and the Expert will fully disclose Affected Scheme Creditor(s) may (but shall not be required to) nominate up to 5 candidate Experts each for consideration by the particulars of such facts to the Parties. In that event, either Party may LCIA within five (5) 15 Business Days from such disclosure require the removal 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 nominated, and a new the LCIA shall choose such Expert as it deems appropriate.
11.4 The Expert shall be appointed in accordance with a King's Counsel or retired judge of the terms English High Court.
11.5 All communications concerning the Expert Determination, shall be copied to the LCIA and, 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 LCIA, within 10 days of this Clause 19the appointment of the Expert or within 10 days of the challenging party becoming aware of the circumstances giving rise to the challenge. Unless, within 20 Business Days of the date of the challenge, the challenged Expert withdraws or whichever of the parties has not brought the challenge agrees to the challenge, the LCIA shall decide the challenge and, if appropriate, shall appoint a replacement Expert.
Appears in 2 contracts
Sources: Scheme of Arrangement, Scheme of Arrangement
Expert Determination. 19.2.1 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 19.220.2.
19.2.2 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.
19.2.3 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.
19.2.4 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.
19.2.5 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 able to agree upon the appointment 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 20.2.6 No Person shall be appointed to act as the Expert under this Clause 19.2 20.2 unless qualified by education, experience and training to determine the matter in dispute.
19.2.7 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 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 19.220.2.
19.2.8 20.2.8 If, at any time prior to the Expert 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 Parties. In that event, either Party may within five (5) Business Days from such disclosure require the removal of the Expert, and a new Expert shall be appointed in accordance with the terms of this Clause 19.of
Appears in 2 contracts
Expert Determination. 19.2.1 In the event of a Dispute between 3.1 If the Parties regarding any technical matterare unable to settle the Dispute through mediation, including matters relating then either Party may give written notice 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 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, specifying 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 matter proposed 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 resolvedconfined to the issues raised in the Expert Determination Notice.
19.2.3 3.5 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 not serving 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 able to agree upon the appointment 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, 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 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 19.2.
19.2.8 If, at any time prior Determination Notice must reply to the Expert rendering a decision on any matter, a conflict or potential conflict of interest arises, then and the Expert will fully disclose the particulars of such facts to the Parties. In that event, either other Party may within five (5) 5 Business Days from such disclosure require of receiving the removal statement of case, giving details of what is agreed and what is disputed in the Expert, statement of case and a new Expert shall be appointed in accordance with the terms of this Clause 19reasons why.
Appears in 2 contracts
Sources: Public Health Services Contract, Public Health Services Contract
Expert Determination. 19.2.1 In the event of 37.1 If a Dispute between the Parties regarding any technical matter, including matters relating matter is expressly to metering and measurement, the Parties hereby agree that, upon the request of either Party, such Dispute shall be submitted referred to an Expert pursuant to under this Clause 19.2.
19.2.2 The Party desiring agreement, or the Expert appointment to be made shall notify the other Party in writing, specifying details parties otherwise agree that a point 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 difference between them 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 resolved by an Expert, then the matter may in issue shall be referred forthwith by to an expert appointed in accordance with this Clause 37 (the Party desiring “Expert”) and this Clause 37 shall apply.
37.2 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 DIS which dispute or difference to be resolved by the Expert, and the parties shall be requested meet in an endeavour to appoint agree upon a single Expert;
(b) if 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 parties do 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 able to agree upon the appointment of another Expert) an Expert within ***** days after the matter shall again be referred (by notice under Clause 37.2(a), either Party) in the aforesaid manner party may apply to the DIS which shall be requested 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 make a further appointment appoint an Expert as soon as reasonably practicable and the process shall Expert will be repeated until an Expert is found who accepts appointmentthe 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 (*****).
19.2.6 No (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 President of the London Maritime Arbitrators Association to discharge the Expert and to appoint a replacement Expert with the 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 to act as the Expert under this Clause 19.2 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).
19.2.7 Any Person appointed 37.4 The following procedures shall apply when a matter is submitted to an Expert for determination:
(a) Within ***** 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 ***** 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 data and submissions supplied and made to him by the parties but in any event not later than ***** 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.
37.5 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 and that interest on late payments shall run for the entire period of any late payment of any amount determined to be entitled to act as such Expert, provided before accepting such appointment he fully discloses to the Parties any interest or duty due and any conflict of interest or potential conflict of interest, including all particulars thereof. If such disclosure has been made, either Party may require within five owing; and
(5c) Business Days from such disclosure removal of permit the Expert, stating to the reasons extent not provided for by this Clause, to determine in his reasonable discretion such removalother 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, and such 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 replaced regarded as an arbitration and the Laws relating to commercial arbitration shall not apply. An Expert’s decision rendered in accordance with this Clause 19.2shall be final and binding on the parties except in the case of manifest error or fraud.
19.2.8 If37.8 The reasonable costs of the Expert (including the costs of assistance under Clause 37.5(a)) shall be borne equally by the parties and each party shall bear its own costs in preparing materials for, and making presentations to, the Expert.
37.9 All matters under this Clause shall be conducted, and the Expert’s decision shall be written, in the English language. English language translations of documents shall be provided by the party seeking to rely on that document, at any time prior to the Expert 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 Parties. In that event, either Party may within five (5) Business Days from such disclosure require the removal of the Expert, and a new Expert shall be appointed in accordance with the terms of this Clause 19party’s cost.
Appears in 2 contracts
Sources: Lease, Operation and Maintenance Agreement, Lease, Operation and Maintenance Agreement (Hoegh LNG Partners LP)
Expert Determination. 19.2.1 In the event of a Dispute between 3.1 If the Parties regarding any technical matterare unable to settle the Dispute through mediation, including matters relating then either Party may give written notice 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 within 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, specifying details accompanied by a copy of the matter proposed to Expert Determination Notice and the appropriate fee and must 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 copied simultaneously to the DIS which shall be requested other Party. The other Party may make representations to appoint CEDR regarding 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 able to agree upon the appointment of another Expert) the matter shall again be referred (by either Party) expertise required in the aforesaid manner to the DIS which shall expert. The person nominated by CEDR will 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, experience and training to determine the matter in dispute.
19.2.7 Any Person appointed as the Expert.
3.4 The Party serving the Expert shall be entitled to act as such Expert, provided before accepting such appointment he fully discloses Determination Notice must send to the Parties any interest or duty Expert and any conflict of interest or potential conflict of interest, including all particulars thereof. If such disclosure has been made, either to the other Party may require within five (5) Business Days from such disclosure removal of the Expertappointment of the Expert a statement of its case including a copy of the Expert Determination Notice, stating the Contract, details of the circumstances giving rise to the Dispute, the reasons for such removalwhy it is entitled to the solution sought, and such the evidence upon which it relies. The statement of case must be confined to the issues raised in the Expert shall be replaced in accordance with this Clause 19.2Determination Notice.
19.2.8 If, at any time prior 3.5 The Party not serving the Expert Determination Notice must reply to the Expert rendering a decision on any matter, a conflict or potential conflict of interest arises, then and the Expert will fully disclose the particulars of such facts to the Parties. In that event, either other Party may within five (5) Business Days from such disclosure require of receiving the removal 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 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 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 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, and except in the case of fraud, collusion, bias, or material breach of instructions on the part of the Expert at which point a new Party will be permitted to apply to Court for an Order that:
3.11.1 the Expert shall reconsider his decision (either all of it or part of it); or
3.11.2 the Expert’s decision be appointed 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 accordance writing or otherwise, arising out of or in connection with the terms expert determination will be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception of this Clause 19any 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. 19.2.1 12.2.1 In the event of a Dispute between the any Disputing Parties regarding any technical matter, including matters relating to metering and measurement, the Disputing Parties hereby agree that, upon the request of either any Disputing Party, such Dispute shall be submitted to an Expert pursuant to this Clause 19.212.2.
19.2.2 12.2.2 The Disputing Party desiring the Expert appointment to be made shall notify the other Party Disputing Parties in writing, specifying details of the matter proposed to be resolved.
19.2.3 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.
19.2.4 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.
19.2.5 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 able to agree upon the appointment of another Expert) the matter shall again be referred (by either any Disputing 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 12.2.6 No Person shall be appointed to act as the Expert under this Clause 19.2 12.2 unless qualified by education, experience and training to determine the matter in dispute.
19.2.7 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, either 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 19.212.2.
19.2.8 12.2.8 If, at any time prior to the Expert 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 Disputing Parties. In that event, either any Disputing Party may within five (5) Business Days from such disclosure require the removal of the Expert, and a new Expert shall be appointed in accordance with the terms of this Clause 19.five
Appears in 2 contracts
Sources: Terminal Inter User Agreement, Terminal Inter User Agreement
Expert Determination. 19.2.1
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 19.220.2.
19.2.2 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.
19.2.3 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.
19.2.4 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.
19.2.5 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 able to agree upon the appointment 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 20.2.6 No Person shall be appointed to act as the Expert under this Clause 19.2 20.2 unless qualified by education, experience and training to determine the matter in dispute.
19.2.7 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 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 19.220.2.
19.2.8 20.2.8 If, at any time prior to the Expert 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 Parties. In that event, either Party may within five (5) Business Days from such disclosure require the removal of the Expert, and a new Expert shall be appointed in accordance with the terms of this Clause 19.of
Appears in 1 contract
Sources: Terminal Use Agreement
Expert Determination. 19.2.1
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 either any Party, such Dispute shall be submitted to an Expert pursuant to this Clause 19.212.2.
19.2.2 12.2.2 The Party desiring the Expert appointment to be made shall notify the other Party Parties in writing, specifying details of the matter proposed to be resolved.
19.2.3 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.
19.2.4 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.
19.2.5 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 able to agree upon the appointment of another Expert) the matter shall again be referred (by either any 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 12.2.6 No Person shall be appointed to act as the Expert under this Clause 19.2 12.2 unless qualified by education, experience and training to determine the matter in dispute.
19.2.7 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, either 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 19.212.2.
19.2.8 12.2.8 If, at any time prior to the Expert 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 Parties. In that event, either any Party may within five (5) Business Days from such disclosure require the removal of the Expert, and a new Expert shall be appointed in accordance with the terms of this Clause 19.be
Appears in 1 contract
Sources: Terminal Inter User Agreement
Expert Determination. 19.2.1 In 20.1 Where this Agreement provide or NGG and the event 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 a Dispute between this Clause 20 shall apply; and
(b) no party to the Parties regarding dispute shall commence proceedings in any technical matter, including matters relating court in respect of or otherwise in connection with such dispute.
20.2 A dispute which is to metering and measurement, the Parties hereby agree that, upon the request of either Party, such Dispute be referred to or determined or resolved by an Expert shall be submitted 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 pursuant to this may give notice of the dispute in accordance with Clause 19.220.4.
19.2.2 20.4 The Party desiring notice shall be given to each other party to the Expert appointment to be made dispute and shall notify the other Party in writing, specifying provide brief details of the matter proposed issues to be resolved.
19.2.3 20.5 The Parties parties to the dispute shall meet in an effort 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 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 whom the matter in dispute shall be referred for determination. If within twenty-one (21) days from not have agreed upon the service selection of such notice the Parties have either failed to meet or failed to agree upon an Expert, then any party to the dispute may within a further five (5) days refer the matter may be referred forthwith by the Party desiring the appointment to be made to the DIS which shall be requested to appoint President of the Expert within thirty (30) days Bar Council of England and in so doing may take such independent advice as it deems fitWales.
19.2.4 20.7 Upon an Expert being agreed or selectedthe selection under Clause 20.6, the Parties parties to the dispute shall forthwith notify such the Expert selected of his selection and the proposed terms of his appointment and shall request him to indicate within fourteen ten (1410) days to state whether or not he is willing and able to accept the appointment.
19.2.5 20.8 If such the selected Expert is unwilling or unable to accept such appointment the appointment, or has shall not stated have confirmed his willingness and ability to accept such appointment within the fourteen (14) day periodperiod required under Clause 20.7, then (unless the Parties are able to agree upon the appointment of another Expert) the matter shall again be referred (by either Party) in the aforesaid manner any party to the DIS which dispute may by notice to the other such parties require that another person shall be requested to make a further appointment selected as Expert in accordance with Clause 20.5 and 20.6, and the process shall be repeated until an Expert is found who accepts appointmentthe appointment upon terms acceptable to all the parties to the dispute.
19.2.6 20.9 No Person person shall be appointed to act nominated as the a proposed Expert under this Clause 19.2 20 unless qualified by that person has the requisite education, experience and training qualifications to determine 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 the dispute.
20.10 The expert shall be an independent contractor and the relationship of the parties to the dispute and the Expert shall in no event be construed to be that of principal and agent or master and servant.
20.11 The parties to the dispute shall, no later than five (5) days following the Expert's appointment, submit to the Expert and to each other party to the 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, submit to the Expert and to each other party to the dispute written submissions replying to each other party's first submission.
20.13 The Expert may at his discretion and at any time request information from any of the 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 all 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, in the presence of each other party concerned with the matter in dispute, and to be represented by counsel.
19.2.7 Any Person appointed as the Expert 20.16 The Expert's determination shall be entitled to act as such Expertmade in writing, 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 require within five (5) Business Days from such disclosure removal of the Expert, stating shall contain the reasons for such removal, and such Expert the determination.
20.17 The Expert's determination shall be replaced final and binding upon the parties to the dispute, save in accordance with this Clause 19.2the event of fraud or manifest error.
19.2.8 If, at any time prior to 20.18 If the Expert rendering has not within a decision on any matterreasonable period (which shall not exceed three (3) months or such other period agreed in his appointment) made a determination, a conflict or potential conflict of interest arises, then the Expert will fully disclose the particulars of such facts to the Parties. In that event, either Party may within five (5) Business Days from such disclosure require the removal of the Expert, and a new Expert shall be appointed in accordance with at the terms request of any party to the dispute pursuant to the foregoing provisions of this Clause 1920, 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 law relating to arbitration shall not apply to such Expert, his determination, or the procedure by which he reaches his determination.
20.20 Each party to the dispute shall bear its own costs including costs of providing documentation, information, data, submissions or comments under this Clause 20.
20.21 The costs and expenses of the Expert (including all advisers, employees and other persons retained by 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 Contracting Shipper.
Appears in 1 contract
Sources: Operating Margins Services Agreement
Expert Determination. 19.2.1 In the event of 29.1. If a Dispute between the Parties regarding any technical matter, including matters relating matter is expressly to metering and measurement, the Parties hereby agree that, upon the request of either Party, such Dispute shall be submitted referred to an Expert pursuant to under this Clause 19.2.
19.2.2 The Party desiring PS Agreement, or the Expert appointment to be made shall notify the other Party in writing, specifying details Parties otherwise agree that a point 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 difference between them 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 resolved by an Expert, then the matter may in issue shall be referred forthwith by 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 desiring wishing the appointment to be made shall give notice in writing to that effect, together with reasonable details of the DIS which shall dispute or difference to be requested to appoint resolved by the Expert within thirty (30) days Expert, 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 (14meet in an endeavour to agree upon a single Expert;
b) 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 if the Parties are able to do not agree upon the appointment of another Expertan Expert within 30 (thirty) days after the matter shall again be referred (by notice under Clause 29.2(a), either Party) in the aforesaid manner Party may apply to the DIS which shall be requested 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 make a further appointment appoint an Expert as soon as reasonably practicable and the process shall Expert will be repeated until an Expert is found who accepts appointmentthe Person selected by the PIPE.
19.2.6 No 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 to act as the Expert under this Clause 19.2 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.
19.2.7 Any Person appointed 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 entitled to act as such due and owing; and
c) permit the Expert, provided before accepting such appointment he fully discloses to the Parties any interest 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 duty and any conflict of interest or potential conflict of interest, including all particulars thereofappropriate.
29.6. If such disclosure has been madethe 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 require within five (5) Business Days from such disclosure removal of refer the Expert, stating the reasons for such removal, and such matter to arbitration in accordance with this PS Agreement. The Expert shall act as an expert and not an arbitrator, the process shall not be replaced regarded as an arbitration and the Laws relating to commercial arbitration shall not apply. An Expert’s decision rendered in accordance with this Clause 19.2shall be final and binding on the Parties except in the case of manifest error or fraud.
19.2.8 If29.7. The reasonable costs of the Expert (including the costs of assistance under Clause 29.5(a)) shall be borne equally by the Parties and each Party shall bear its own costs in preparing materials for, and making presentations to, the Expert.
29.8. All matters under this Clause shall be conducted, and the Expert’s decision shall be written, in the English language. English language translations of documents shall be provided by the Party seeking to rely on that document, at any time prior that Party’s cost.
29.9. Unless a party refers the dispute to arbitration within 28 (twenty eight) days, the Expert rendering a decision on any matter, a conflict or potential conflict of interest arises, then determination by the Expert will fully disclose the particulars of such facts to the Parties. In that event, either Party may within five (5) Business Days from such disclosure require the removal of the Expert, and a new Expert expert shall be appointed in accordance with the terms of this Clause 19.final and binding
Appears in 1 contract
Sources: Boot Contract for Construction of R LNG Pipeline System
Expert Determination. 19.2.1 In 16.1 Where any Clause of this Agreement provides for a matter to be referred for non-binding resolution by an expert, the event 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 agree on an Expert within ten (10) Business Days of either Party serving details of a Dispute between suggested expert on the Parties regarding any technical matterother, including matters relating either Party shall then be entitled to metering request the President for the time being of the Institute of Intellectual Property Licensing or of the Chartered Accountants in England and measurement, Wales (as is most applicable to the Parties hereby agree that, upon the request of either Party, such Dispute shall be submitted matter in dispute) to appoint an Expert pursuant to this Clause 19.2of repute with appropriate qualifications, expertise, experience and skill in the issue in dispute.
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 16.3 The Parties shall meet in an effort be required to agree upon a single make submissions to the Expert with respect 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 Expertdispute, then the matter may be referred forthwith by the Party desiring the appointment to be made to the DIS which shall be requested limited to appoint 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 shall prescribe the time period in which the Parties will be required to provide such submissions, which shall not exceed thirty (30) Business Days following the 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) days and Business Days following receipt of the Parties’ submissions. With respect to any dispute as to valuation, the Expert shall adopt a valuation method which he/she considers, in so doing may take such independent advice as it deems fithis/her absolute discretion, to be the most appropriate method for the matter upon which determination is required.
19.2.4 Upon an Expert being agreed or selected, the 16.5 The Parties shall forthwith notify provide each other with such Expert of his selection and shall request him within fourteen (14) days reasonable information as will enable them to state whether or not he is willing and able to accept the appointmentmake submissions under Clause 16.3.
19.2.5 If such 16.6 The Expert is unwilling or unable shall act as an expert and not as an arbitrator and either Party shall have the right to accept such appointment or has refer the dispute, if not stated his willingness and ability resolved on the basis of the Expert’s determination, to accept such appointment within the fourteen (14) day period, then (unless the Parties are able to agree upon the appointment of another Expert) the matter shall again be referred (by either Party) final resolution 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 appointmentaccordance with Clause 27.
19.2.6 No Person shall be appointed 16.7 The costs of any reference to act as the an Expert under this Clause 19.2 unless qualified by education, experience and training to determine the matter in dispute.
19.2.7 Any Person appointed as the Expert 16 shall be entitled to act as such Expert, provided before accepting such appointment he fully discloses to borne by 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 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 19.2equally.
19.2.8 If, at any time prior to the Expert 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 Parties. In that event, either Party may within five (5) Business Days from such disclosure require the removal of the Expert, and a new Expert shall be appointed in accordance with the terms of this Clause 19.
Appears in 1 contract
Sources: Convertible Loan Agreement (Alto Neuroscience, Inc.)
Expert Determination. 19.2.1 In 20.1 Where this Agreement provides or NGG and the event 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 a Dispute between this Clause 20 shall apply; and
(b) no party to the Parties regarding dispute shall commence proceedings in any technical matter, including matters relating court in respect of or otherwise in connection with such dispute.
20.2 A dispute which is to metering and measurement, the Parties hereby agree that, upon the request of either Party, such Dispute be referred to or determined or resolved by an Expert shall be submitted 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 pursuant to this may give notice of the dispute in accordance with Clause 19.220.4.
19.2.2 20.4 The Party desiring notice shall be given to each other party to the Expert appointment to be made dispute and shall notify the other Party in writing, specifying provide brief details of the matter proposed issues to be resolved.
19.2.3 20.5 The Parties parties to the dispute shall meet in an effort 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 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 whom the matter in dispute shall be referred for determination. If within twenty-one (21) days from not have agreed upon the service selection of such notice the Parties have either failed to meet or failed to agree upon an Expert, then any party to the dispute may within a further five (5) days refer the matter may be referred forthwith by the Party desiring the appointment to be made to the DIS which shall be requested to appoint President of the Expert within thirty (30) days Bar Council of England and in so doing may take such independent advice as it deems fitWales.
19.2.4 20.7 Upon an Expert being agreed or selectedthe selection under Clause 20.6, the Parties parties to the dispute shall forthwith notify such the Expert selected of his selection and the proposed terms of his appointment and shall request him to indicate within fourteen ten (1410) days to state whether or not he is willing and able to accept the appointment.
19.2.5 20.8 If such the selected Expert is unwilling or unable to accept such appointment the appointment, or has shall not stated have confirmed his willingness and ability to accept such appointment within the fourteen (14) day periodperiod required under Clause 20.7, then (unless the Parties are able to agree upon the appointment of another Expert) the matter shall again be referred (by either Party) in the aforesaid manner any party to the DIS which dispute may by notice to the other such parties require that another person shall be requested to make a further appointment selected as Expert in accordance with Clause 20.5 and 20.6, and the process shall be repeated until an Expert is found who accepts appointmentthe appointment upon terms acceptable to all the parties to the dispute.
19.2.6 20.9 No Person person shall be appointed to act nominated as the a proposed Expert under this Clause 19.2 20 unless qualified by that person has the requisite education, experience and training qualifications to determine 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 the dispute.
20.10 The Expert shall be an independent contractor and the relationship of the parties to the dispute and the Expert shall in no event be construed to be that of principal and agent or master and servant.
20.11 The parties to the dispute shall, no later than five (5) days following the Expert's appointment, submit to the Expert and to each other party to the 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, submit to the Expert and to each other party to the dispute written submissions replying to each other party's first submission.
20.13 The Expert may at his discretion and at any time request information from any of the 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 all 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, in the presence of each other party concerned with the matter in dispute, and to be represented by counsel.
19.2.7 Any Person appointed as the Expert 20.16 The Expert's determination shall be entitled to act as such Expertmade in writing, 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 require within five (5) Business Days from such disclosure removal of the Expert, stating shall contain the reasons for such removal, and such Expert the determination.
20.17 The Expert's determination shall be replaced final and binding upon the Parties to the dispute, save in accordance with this Clause 19.2the event of fraud or manifest error.
19.2.8 If, at any time prior to 20.18 If the Expert rendering has not within a decision on any matterreasonable period (which shall not exceed 90 Days or such other period agreed in his appointment) made a determination, a conflict or potential conflict of interest arises, then the Expert will fully disclose the particulars of such facts to the Parties. In that event, either Party may within five (5) Business Days from such disclosure require the removal of the Expert, and a new Expert shall be appointed in accordance with at the terms request of any party to the dispute pursuant to the foregoing provisions of this Clause 1920, 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 law relating to arbitration shall not apply to such Expert, his determination, or the procedure by which he reaches his determination.
20.20 Each party to the dispute shall bear its own costs including costs of providing documentation, information, data, submissions or comments under this Clause 20.
20.21 The costs and expenses of the Expert (including all advisers, employees and other persons retained by 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 Service Provider.
Appears in 1 contract
Sources: Operating Margins Services Agreement
Expert Determination. 19.2.1 In 16.1 Where any Clause of this Agreement provides for a matter to be referred for non-binding resolution by an expert, the event 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 agree on an Expert within ten (10) Business Days of either Party serving details of a Dispute between suggested expert on the Parties regarding any technical matterother, including matters relating either Party shall then be entitled to metering and measurement, request the Parties hereby agree that, upon President for 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 time being of the Institute of Intellectual Property Licensing or of the Chartered Accountants in England and Wales (as is most applicable to the matter proposed in dispute) to be resolved.appoint an Expert
19.2.3 16.3 The Parties shall meet in an effort be required to agree upon a single make submissions to the Expert with respect 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 Expertdispute, then the matter may be referred forthwith by the Party desiring the appointment to be made to the DIS which shall be requested limited to appoint 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 shall prescribe the time period in which the Parties will be required to provide such submissions, which shall not exceed thirty (30) Business Days following the 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) days and Business Days following receipt of the Parties’ submissions. With respect to any dispute as to valuation, the Expert shall adopt a valuation method which he/she considers, in so doing may take such independent advice as it deems fithis/her absolute discretion, to be the most appropriate method for the matter upon which determination is required.
19.2.4 Upon an Expert being agreed or selected, the 16.5 The Parties shall forthwith notify provide each other with such Expert of his selection and shall request him within fourteen (14) days reasonable information as will enable them to state whether or not he is willing and able to accept the appointmentmake submissions under Clause 16.3.
19.2.5 If such 16.6 The Expert is unwilling or unable shall act as an expert and not as an arbitrator and either Party shall have the right to accept such appointment or has refer the dispute, if not stated his willingness and ability resolved on the basis of the Expert’s determination, to accept such appointment within the fourteen (14) day period, then (unless the Parties are able to agree upon the appointment of another Expert) the matter shall again be referred (by either Party) final resolution 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 appointmentaccordance with Clause 27.
19.2.6 No Person shall be appointed 16.7 The costs of any reference to act as the an Expert under this Clause 19.2 unless qualified by education, experience and training to determine the matter in dispute.
19.2.7 Any Person appointed as the Expert 16 shall be entitled to act as such Expert, provided before accepting such appointment he fully discloses to borne by 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 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 19.2equally.
19.2.8 If, at any time prior to the Expert 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 Parties. In that event, either Party may within five (5) Business Days from such disclosure require the removal of the Expert, and a new Expert shall be appointed in accordance with the terms of this Clause 19.
Appears in 1 contract
Sources: Convertible Loan Agreement
Expert Determination. 19.2.1 In the event of a Dispute between 3.1 If the Parties regarding any technical matterare unable to settle the Dispute through mediation, including matters relating then either Party may give written notice 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 within 10 Working 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 willingness to act, then either Party may apply to CEDR for the appointment of an expert. The request must be in writing, specifying 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 Working Days of the appointment of the Expert a statement of its case including a copy of the Expert Determination Notice, the Memorandum of Understanding, details of the matter proposed 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 resolvedconfined to the issues raised in the Expert Determination Notice.
19.2.3 3.5 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 not serving 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 able to agree upon the appointment 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, 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 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 19.2.
19.2.8 If, at any time prior Determination Notice must reply to the Expert rendering and the other Party within 5 Working 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 on with reasons within 30 Working Days of receipt of the statement of case referred to in paragraph 1.9, or any matterlonger 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, a conflict and will establish the procedure and timetable.
3.8 The Parties must comply with any request or potential conflict direction of interest arises, then the Expert will fully disclose in relation to the particulars 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 such facts the expert determination. The Expert must send his decision in writing simultaneously to the Parties. In that event, either Party may Within 5 Working 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 five (5) Business a further 5 Working Days from such disclosure require and send any revised decision simultaneously to the removal 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, and except in the case of fraud, collusion, bias, or material breach of instructions on the part of the Expert at which point a new Party will be permitted to apply to Court for an Order that:
3.11.1 the Expert shall reconsider his decision (either all of it or part of it); or
3.11.2 the Expert‟s decision be appointed 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 accordance writing or otherwise, arising out of or in connection with the terms expert determination will be inadmissible as evidence in any current or subsequent litigation or other proceedings whatsoever, with the exception of this Clause 19any 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: Memorandum of Understanding