Mediation by Expert Clause Samples

Mediation by Expert. (a) In the event that the Parties are unable to resolve a Dispute in accordance with Section 15.2, then any Party, in accordance with this Section 15.3, may refer the Dispute to an Expert for consideration of the Dispute and to obtain a recommendation from the Expert as to the resolution of the Dispute. (b) The Party initiating submission of the Dispute to the Expert shall provide the other Parties with a notice stating that it is submitting the Dispute to an Expert and nominating the person it proposes to be the Expert. The other Parties shall, within fifteen (15) Days of receiving such notice, notify the initiating Party whether such person is acceptable. If the Parties receiving such notice fail to respond or notifies the initiating Party that the person is not acceptable, the Parties shall meet and discuss in good faith for a period of ten (10) Days to agree upon a person to be the Expert. If the Parties are unable to agree within such ten (10) Day period, the Expert shall be selected by the International Chamber of Commerce following a request of any Party. (c) Consideration of the Dispute by an Expert shall be initiated by the Party who is seeking consideration of the Dispute by the Expert submitting to both the Expert and the other Parties written materials setting forth: (i) a description of the Dispute; (ii) a statement of the Party’s position; and (iii) copies of records supporting the Party’s position. (d) Within ten (10) Days of the date that a Party has submitted the materials described in Section 15.3(c), the other Parties may submit to the Expert: (i) a description of the Dispute; (ii) a statement of such Party’s position; and (iii) copies of any records supporting such Party’s position. (e) The Expert shall consider any such information submitted by the responding Parties within the period provided in Section 15.3(d) and, in the Expert’s discretion, may consider any additional information submitted by any Party at a later date. (f) The Parties shall not be entitled to apply for discovery of documents, but shall be entitled to have access to the other Parties’ relevant records and to receive copies of the records submitted by the other Parties. (g) Each Party shall designate one person knowledgeable about the issues in Dispute who shall be available to the Expert to answer questions and provide any additional information requested by the Expert. Except for such person, a Party shall not be required to, but may, provide oral statements or pre...