Common use of Resolution by Expert Clause in Contracts

Resolution by Expert. (a) If a Dispute, or any other matter, is required to be referred to, or determined by, an Expert in accordance with this agreement (including under clause 19.2(d)): (i) the Expert must be appointed by agreement between the Parties or, in default of such appointment within 10 Business Days after the need to refer the Dispute to an Expert, will be that person nominated, at either Party’s request, by: (A) where the Parties agree the Dispute is primarily of a technical nature, the President (for the time being) of Engineers Australia – Queensland Division; (B) where the Parties agree the Dispute is primarily of a financial or accounting nature, the Chairperson (for the time being) of the Resolution Institute; or (C) in any other case, the President (for the time being) of the Queensland Law Society Inc.; (ii) the Expert must: (A) have appropriate qualifications and practical experience having regard to the nature of the Dispute; (B) have no interest or duty which conflicts or may conflict with his or her function as Expert, he or she being required to fully disclose any such interest or duty by written notice to the Parties before his or her appointment; (C) not be an employee of a Party or of a Related Party of a Party; (D) not be permitted to act until he or she has given written notice to each Party that he or she is willing and able to accept the appointment; (E) have regard to the provisions of this agreement and consider all submissions (including oral submissions by each Party provided that such oral submissions are made in the presence of the Parties), supporting documentation, information and data with respect to the matter submitted by the Parties; (F) for clarity, only make a determination in a way that is consistent with this agreement; (G) provide the Parties with a copy of his or her determination in the form of a report within a reasonable time after his or her appointment; (H) be required to undertake to keep confidential all matters coming to his or her knowledge by reason of his or her appointment and performance of his or her duties; and (I) be deemed to be and act as an expert and not an arbitrator and the law relating to arbitration including the Commercial Arbitration Act 2013 (Qld), will not apply to him or her or the determination or the procedures by which he or she may reach a determination; and (iii) if the Expert is to be nominated by a person referred to in clause 19.3(a)(i), the Parties must comply with and do all things necessary to satisfy and to give effect to the reasonable requirements of that person (including providing relevant indemnities and paying any charges or fees (which charges or fees will be borne equally by the Parties)) that must be satisfied or complied with as a condition of that person agreeing to nominate an Expert; and (iv) the Parties must comply with, and do all things necessary to satisfy and to give effect to, the reasonable requirements of an agreed or nominated Expert (including providing relevant indemnities and paying any charges or fees (which charges or fees will be borne equally by the Parties)) that must be satisfied or complied with as a condition of that person accepting appointment as the Expert. (b) The Parties must do everything reasonably requested by the Expert to assist the Expert including producing information and materials as requested by the Expert and attending any hearing convened by the Expert. (c) In the absence of manifest error, a decision of the Expert is final and binding upon all Parties. (d) The costs of the Expert (and any advisers engaged by the Expert) will be borne in equal shares by the Parties. Each Party must bear its own costs of participating in the dispute resolution process (unless otherwise agreed by the Parties).

Resolution by Expert. ‌ (a) If a Dispute, or any other matter, is required to be referred to, or determined by, an Expert in accordance with this agreement (including under clause 19.2(d)): (i) the Expert must be appointed by agreement between the Parties or, in default of such appointment within 10 Business Days after the need to refer the Dispute to an Expert, will be that person nominated, at either Party’s request, by:by:‌ (A) where the Parties agree the Dispute is primarily of a technical nature, the President (for the time being) of Engineers Australia – Queensland Division; (B) where the Parties agree the Dispute is primarily of a financial or accounting nature, the Chairperson (for the time being) of the Resolution Institute; or (C) in any other case, the President (for the time being) of the Queensland Law Society Inc.; (ii) the Expert must: (A) have appropriate qualifications and practical experience having regard to the nature of the Dispute; (B) have no interest or duty which conflicts or may conflict with his or her function as Expert, he or she being required to fully disclose any such interest or duty by written notice to the Parties before his or her appointment; (C) not be an employee of a Party or of a Related Party of a Party; (D) not be permitted to act until he or she has given written notice to each Party that he or she is willing and able to accept the appointment; (E) have regard to the provisions of this agreement and consider all submissions (including oral submissions by each Party provided that such oral submissions are made in the presence of the Parties), supporting documentation, information and data with respect to the matter submitted by the Parties; (F) for clarity, only make a determination in a way that is consistent with this agreement; (G) provide the Parties with a copy of his or her determination in the form of a report within a reasonable time after his or her appointment; (H) be required to undertake to keep confidential all matters coming to his or her knowledge by reason of his or her appointment and performance of his or her duties; and (I) be deemed to be and act as an expert and not an arbitrator and the law relating to arbitration including the Commercial Arbitration Act 2013 (Qld), will not apply to him or her or the determination or the procedures by which he or she may reach a determination; and (iii) if the Expert is to be nominated by a person referred to in clause 19.3(a)(i), the Parties must comply with and do all things necessary to satisfy and to give effect to the reasonable requirements of that person (including providing relevant indemnities and paying any charges or fees (which charges or fees will be borne equally by the Parties)) that must be satisfied or complied with as a condition of that person agreeing to nominate an Expert; and (iv) the Parties must comply with, and do all things necessary to satisfy and to give effect to, the reasonable requirements of an agreed or nominated Expert (including providing relevant indemnities and paying any charges or fees (which charges or fees will be borne equally by the Parties)) that must be satisfied or complied with as a condition of that person accepting appointment as the Expert. (b) The Parties must do everything reasonably requested by the Expert to assist the Expert including producing information and materials as requested by the Expert and attending any hearing convened by the Expert. (c) In the absence of manifest error, a decision of the Expert is final and binding upon all Parties. (d) The costs of the Expert (and any advisers engaged by the Expert) will be borne in equal shares by the Parties. Each Party must bear its own costs of participating in the dispute resolution process (unless otherwise agreed by the Parties).

Resolution by Expert. (a) This clause 19.3 is subject to clauses 19.4. (b) If a Dispute, or any other matter, is required to be referred to, or determined by, an Expert in accordance with this agreement (including under clause 19.2(d)): (i) the Expert must be appointed by agreement between the Parties or, in default of such appointment within 10 ten Business Days after the need to refer the Dispute to an Expert, will be that person nominated, at either Party’s request, by: (A) where the Parties agree the Dispute is primarily of a technical nature, the President (for the time being) of Engineers Australia – Queensland Division; (B) where the Parties agree the Dispute is primarily of a financial or accounting nature, the Chairperson President (for the time being) of the Resolution InstituteThe Institute of Chartered Accountants in Australia – Queensland Branch; or (C) in any other case, the President (for the time being) of the Queensland Law Society Inc.; (ii) the Expert must: (A) have appropriate qualifications and practical experience having regard to the nature of the Dispute; (B) have no interest or duty which conflicts or may conflict with his or her function as Expert, he or she being required to fully disclose any such interest or duty by written notice to the Parties before his or her appointment; (C) not be an employee of a Party or of a Related Party of a Party; (D) not be permitted to act until he or she has given written notice to each Party that he or she is willing and able to accept the appointment; (E) have regard to the provisions of this agreement and consider all submissions (including oral submissions by each Party provided that such oral submissions are made in the presence of the Parties), supporting documentation, information and data with respect to the matter submitted by the Parties; (F) for clarity, only make a determination in a way that is consistent with this agreement; (G) provide the Parties with a copy of his or her determination in the form of a report within a reasonable time after his or her appointment; (H) be required to undertake to keep confidential all matters coming to his or her knowledge by reason of his or her appointment and performance of his or her duties; and (I) be deemed to be and act as an expert and not an arbitrator and the law relating to arbitration including the Commercial Arbitration Act 2013 (Qld), will not apply to him or her or the determination or the procedures by which he or she may reach a determination; and (iii) if the Expert is to be nominated by a person referred to in clause 19.3(a)(i19.3(b)(i), the Parties must comply with and do all things necessary to satisfy and to give effect to the reasonable requirements of that person (including providing relevant indemnities and paying any charges or fees (which charges or fees will be borne equally by the Parties)) that must be satisfied or complied with as a condition of that person agreeing to nominate an Expert; and (iv) the Parties must comply with, and do all things necessary to satisfy and to give effect to, the reasonable requirements of an agreed or nominated Expert (including providing relevant indemnities and paying any charges or fees (which charges or fees will be borne equally by the Parties)) that must be satisfied or complied with as a condition of that person accepting appointment as the Expert. (bc) The Parties must do everything reasonably requested by the Expert to assist the Expert including producing information and materials as requested by the Expert and attending any hearing convened by the Expert. (cd) In the absence of manifest error, a decision of the Expert is final and binding upon all Parties. (de) The costs of the Expert (and any advisers engaged by the Expert) will be borne in equal shares by the Parties. Each Party must bear its own costs of participating in the dispute resolution process (unless otherwise agreed by the Parties).

Resolution by Expert. (a) If a Dispute, or any other matter, is required to be referred to, or determined by, an Expert in accordance with this agreement (including under clause 19.2(d)): (i) ): the Expert must be appointed by agreement between the Parties or, in default of such appointment within 10 ten Business Days after the need to refer the Dispute to an Expert, will be that person nominated, at either Party’s request, by: (A) : where the Parties agree the Dispute is primarily of a technical nature, the President (for the time being) of Engineers Australia – Queensland Division; (B) ; where the Parties agree the Dispute is primarily of a financial or accounting nature, the Chairperson (for the time being) of the Resolution Institute; or (C) or in any other case, the President (for the time being) of the Queensland Law Society Inc.; (ii) ; the Expert must: (A) : have appropriate qualifications and practical experience having regard to the nature of the Dispute; (B) ; have no interest or duty which conflicts or may conflict with his or her function as Expert, he or she being required to fully disclose any such interest or duty by written notice to the Parties before his or her appointment; (C) ; not be an employee of a Party or of a Related Party of a Party; (D) ; not be permitted to act until he or she has given written notice to each Party that he or she is willing and able to accept the appointment; (E) ; have regard to the provisions of this agreement and consider all submissions (including oral submissions by each Party provided that such oral submissions are made in the presence of the Parties), supporting documentation, information and data with respect to the matter submitted by the Parties; (F) ; for clarity, only make a determination in a way that is consistent with this agreement; (G) ; provide the Parties with a copy of his or her determination in the form of a report within a reasonable time after his or her appointment; (H) ; be required to undertake to keep confidential all matters coming to his or her knowledge by reason of his or her appointment and performance of his or her duties; and (I) and be deemed to be and act as an expert and not an arbitrator and the law relating to arbitration including the Commercial Arbitration Act 2013 (Qld), will not apply to him or her or the determination or the procedures by which he or she may reach a determination; and (iii) and if the Expert is to be nominated by a person referred to in clause 19.3(a)(i), the Parties must comply with and do all things necessary to satisfy and to give effect to the reasonable requirements of that person (including providing relevant indemnities and paying any charges or fees (which charges or fees will be borne equally by the Parties)) that must be satisfied or complied with as a condition of that person agreeing to nominate an Expert; and (iv) and the Parties must comply with, and do all things necessary to satisfy and to give effect to, the reasonable requirements of an agreed or nominated Expert (including providing relevant indemnities and paying any charges or fees (which charges or fees will be borne equally by the Parties)) that must be satisfied or complied with as a condition of that person accepting appointment as the Expert. (b) . The Parties must do everything reasonably requested by the Expert to assist the Expert including producing information and materials as requested by the Expert and attending any hearing convened by the Expert. (c) . In the absence of manifest error, a decision of the Expert is final and binding upon all Parties. (d) . The costs of the Expert (and any advisers engaged by the Expert) will be borne in equal shares by the Parties. Each Party must bear its own costs of participating in the dispute resolution process (unless otherwise agreed by the Parties).