Common use of Mediation by Expert Clause in Contracts

Mediation by Expert. (a) In the event that the Parties are unable to resolve a Dispute in accordance with Section 14.2, then any Party, in accordance with this Section 14.3, 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.

Mediation by Expert. (a) In the event that the Parties are unable to resolve a Dispute in accordance with Section 14.219.2, then any either Party, in accordance with this Section 14.319.3, 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 Party 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 Party shall, within fifteen (15) Days of receiving such notice, notify the initiating Party whether such person is acceptable. If the Parties Party receiving such notice fail fails 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 either Party.