Referee Analysis Clause Samples
The Referee Analysis clause establishes a process for appointing an independent expert, or referee, to review and provide an impartial assessment of a dispute or technical issue arising under the contract. Typically, this clause outlines how the referee is selected, the scope of their analysis, and the binding or advisory nature of their findings. By providing a structured mechanism for expert evaluation, the clause helps resolve disagreements efficiently and objectively, reducing the likelihood of prolonged litigation or unresolved conflicts.
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Referee Analysis. The Independent Laboratory shall perform the referee analysis of any disputed Rail Sample analysis or Barge Sample analysis made by the Independent Laboratory or by Seller. The parties will agree to designate an alternate Independent Laboratory if for any reason the first named Independent Laboratory is unavailable or becomes unacceptable to either party. With respect to the characteristics of the coal in dispute, the analysis in dispute shall be deemed to have been confirmed if the difference between the referee analysis of the Independent Laboratory and the disputed analysis is within the tolerance as specified within the applicable ASTM standards. If the disputed analysis is so confirmed, then all costs of such referee analysis shall be borne by the party initiating the referee analysis. If a disputed analysis is not so confirmed, then such analysis shall be superseded by the referee analysis of the Independent Laboratory, and all costs of such referee analysis shall be shared equally by the parties.
Referee Analysis. In case of disagreement between Buyer and Seller about the conformity of any Alumina supplied under this Agreement, then at the request of either party the sample retained by Seller/Producer for referee analysis shall be analysed in accordance with the Producer’s standard analysis procedures by a laboratory mutually agreed upon by the parties (or, failing agreement, Societe Generale de Surveillance SA), and the analysis of such laboratory shall be final, binding and conclusive on the parties. Each party shall be entitled (at its own cost) to be represented during such referee analysis. The cost of the said analysis will be borne by the party whose results differ most from those given by the referee laboratory.
Referee Analysis. If Buyer’s analysis of a sample it has received pursuant to Section 12.5.2 or a sample it takes at Buyer’s Facility differ from the Seller Analysis that Seller performs pursuant to Section 12.2 by more than the ASTM standard for reproducibility and does not meet the Specifications, Buyer or Seller shall have the right to have the quality of the lot or batch of Carbon in question determined by an independent laboratory chosen jointly by Buyer and Seller (a “Referee Analysis”). The party exercising such right shall exercise it, if at all, within thirty (30) Days after it receives the part sample referenced in Section 12.5.2. The cost of the Referee Analysis shall be borne equally by each Party. Notwithstanding Section 12.5.1 and Section 12.2, such Referee Analysis shall be deemed the Final Analysis.
Referee Analysis. If Buyer’s analysis of a sample it has received pursuant to Section 12.5.2 differs from the analysis that the Seller performs pursuant to Section 12.2 by more than the ASTM standard for reproducibility, Buyer shall have the right to have the quality of the shipment of Coal in question determined by an independent laboratory chosen jointly by Buyer and Seller. Buyer shall exercise this right, if at all, within thirty (30) Days after it receives the part sample referenced in Section 12.5.2. The cost of the independent laboratory analysis shall be borne equally by the Parties. Such determination shall be deemed the Final Analysis.