EXPERT PROCEDURE Sample Clauses

EXPERT PROCEDURE a. For any Dispute related to matters of a technical nature requiring expertise in a particular field or area of law, the Parties hereby agree that such determination may be conducted expeditiously by an expert. This expert must be selected unanimously by the Parties to the Dispute. The expert is not an arbitrator of the Dispute and shall not be deemed to be acting in an arbitral capacity. b. If the Parties to the Dispute are unable to agree upon an expert within seven

EXPERT PROCEDURE. This Annex shall apply where a matter is to be determined by an expert pursuant to Article 3.4 of this Framework Agreement.

EXPERT PROCEDURE. (a) Where the Parties have agreed to refer a dispute to an Expert, then the following provisions will apply. (b) The Expert to be appointed will be as agreed between the parties. (c) If the Parties cannot so agree an Expert within 14 days after receipt of the notice of dispute, the Expert to be appointed will be determined as follows: (i) Based on the nature of the matter in dispute, the Parties must in good faith agree which of the following bodies is best qualified to nominate the Expert: (A) Institution of Engineers, Australia; or (B) another industry or professional body, provided that in the absence of agreement between the Parties the Engineers Australia shall nominate an Expert. (ii) The Parties must as soon as practicable request the President or most senior officer of the nominating body (or of the most local division of that body) to nominate the Expert. (d) The Expert will be required to have appropriate technical, commercial and practical experience and expertise in the area of dispute. Any person nominated to act as an Expert will be required to fully disclose any interest or duty prior to that person's appointment. If that person has or may have any interest or duty which conflicts with his appointment as Expert, that person must not be appointed. (e) The Expert will determine the procedures for the conduct of the process to resolve the dispute. The Expert must provide each Party with a fair opportunity to make submissions in relation to the matter in dispute. The Expert will have the power: (i) to inform himself or herself independently as to facts and if necessary technical matters to which the dispute relates; (ii) to receive written submissions and sworn and unsworn written statements and to photocopy documents and to act upon the same; (iii) to consult with such other professionally qualified persons as he or she in his or her absolute discretion thinks fit; (iv) to take such reasonable measures as he or she thinks fit to expedite the completion of the dispute resolution. (f) It will be a term of the Expert's appointment that he or she will be required to make a determination of the dispute within 2 months of his or her appointment or such other period as the Parties may agree. (g) The Expert will be required to deliver a written determination which sets out the reasons for the determination and the findings of fact on which the determination is based. (h) The Expert will act as an expert and not an arbitrator. The findings of the Expert...

EXPERT PROCEDURE. Where it is provided herein that a matter in dispute may or shall be referred to an Expert or in the event of any dispute between the Parties relating to this Agreement and the Parties agree that such dispute may be settled by utilizing the services of an Expert, the dispute shall be referred to, and determined by, an Expert in accordance with the provisions of this Section 9.18. 9.18.1 The Expert shall be a person suited by reasons of his qualifications, experience and expertise for the determination in question. Such Expert shall, unless otherwise agreed by the Parties, be appointed and act as an expert and not as an arbitrator and the provisions relating to arbitration hereunder shall not apply to the Proceedings and determination. The Parties and Expert shall treat all aspects of the determination, including all verbal and written communications as strictly confidential. The Parties shall require the Expert to execute a confidentiality agreement prior to implementing the terms of this Expert procedure. 9.18.2 The reference to an Expert will be initiated by one Party giving written notice to the other Party (the date on which such notice is given being hereinafter called the "Date of Reference") that it requires the matter in dispute to be referred to an Expert in accordance with the provisions of this Section 9.18. 9.18.3 If the Parties can agree upon the Expert within ten (10) days of the Date of Reference, the matter in dispute shall thereupon be referred to such Expert. 9.18.4 If the Parties cannot agree upon the Expert within the said period of ten (10) days, they will forthwith and in any event within fifteen (15) days of the Date of Reference each appoint an Expert and such Experts so appointed will within a period of twenty (20) days of the Date of Reference jointly appoint the Expert to whom the matter in dispute shall be referred as soon thereafter as practicable in the circumstances. 9.18.5 If a Party fails to appoint an Expert in accordance with the preceding Section 9.18.4 and only one Expert has been appointed, then Expert shall be deemed to be the Expert appointed pursuant to the provisions of this Section 9.18 and the matter in dispute shall be referred to such Expert accordingly. 9.18.6 If the Experts appointed by the Parties under Section 9.18.4 fail to appoint an Expert within twenty (20) days of the Date of Reference, any of the Parties may ask the then President of the AAA to appoint an Expert and the matter in dispute shall thereup...

EXPERT PROCEDURE. 7.1 The Purchaser shall provide Croda International with a copy of a report by an independent expert (the "PURCHASER'S REPORT" and the "PURCHASER'S EXPERT") addressing any technical or factual issues in relation to any Environmental Indemnity Matter or Environmental Warranty Matter which are the subject of any dispute between Croda International and the Purchaser which is unresolved within 30 days of Croda International or the Purchaser giving Notice of the dispute referring to this paragraph 7 and identifying the relevant issue (the "INITIAL DISPUTE NOTICE"), provided that this paragraph 7 shall not apply to any issue which is to be determined by the Environmental Authority or Court in any Claim (if applicable). The Purchaser's Report shall be so provided within 10 days of the date of the Initial Dispute Notice. 7.2 Croda International shall, within 30 days of having received the Purchaser's Report, give the Purchaser a Notice stating whether or not Croda International disputes any of the findings in the Purchaser's Report and, if so, giving reasons (the "UNRESOLVED DISPUTE NOTICE"). Croda International shall be entitled to provide the Purchaser with a report by an independent expert (the "SELLERS' REPORT" and the "SELLER'S EXPERT") giving such reasons. The Purchaser shall procure that Croda International and its advisers are provided with all facilities, information and access as they may reasonably require in order to decide whether Croda International disputes any of the findings in the Purchaser's Report and to provide a Seller's Report. 7.3 If the parties cannot resolve a dispute within 90 days of the Unresolved Dispute Notice (or such longer period as the Purchaser and Croda International may agree), then the dispute shall be referred to an independent expert (the "INDEPENDENT EXPERT"), the identity of such expert to be agreed by Croda International and the Purchaser or (failing agreement between them within 20 days) to be appointed by the Chairman for the time being of the Institute of Environmental Assessment (or its nearest equivalent in the relevant jurisdiction). The Independent Expert shall be required to have at least ten years' 132 126 experience of advising in relation to matters of the same general description as the relevant Environmental Indemnity Matter in the relevant jurisdiction (or, if none, in other jurisdictions where relevant law and practice are similar). 7.4 The Independent Expert shall act as an expert and not as an arbitrator...