Appointment and Procedure Sample Clauses
The 'Appointment and Procedure' clause defines the process by which a party is formally designated to a specific role or responsibility under the agreement, and outlines the steps or protocols to be followed in carrying out that appointment. This may include specifying who has the authority to make the appointment, the criteria or qualifications required, and the formalities such as written notice or documentation. By clearly setting out these procedures, the clause ensures that appointments are made transparently and consistently, reducing the risk of disputes or misunderstandings regarding roles and responsibilities.
Appointment and Procedure. A Neutral Expert shall be a highly qualified engineer, and, on the receipt of a request made in accordance with Paragraph 5, he shall be appointed, and the terms of his retainer shall be fixed, as follows :
Appointment and Procedure. In the arbitration of any dispute involving Sections 2, 3, 4, 5, 7, 8 or 16.1 hereof, all arbiters shall have a bachelor's or graduate degree in architecture, art history or historic preservation and at least ten years' experience in the field of preservation of historically significant structures or artifacts. Each party shall nominate a qualified arbiter by notice to the Arbitration Association and the other party within thirty (30) days of the initial demand for arbitration, describing such qualifications. All challenges to a proposed arbiter's qualifications shall be submitted to the Arbitration Association within ten (10) days thereafter and all such challenges shall be decided by the Arbitration Association. The two arbiters appointed by the parties shall name a third neutral arbiter within ten (10) days after such challenge period expires. Within thirty (30) days of the appointment of the third arbiter, the panel of arbiters shall take evidence and argument and close the hearing, and they shall decide the matter and issue their decision within thirty (30) days after close of the hearing. Without limiting the generality of this Section, the fees and expenses of arbitration charged by the Arbitration Association shall be borne equally between Grantee and Grantor unless the arbiters determine that some other division shall under the circumstances be more equitable and such determination of the arbiters shall be conclusive and binding upon the parties. Notwithstanding anything to the contrary in this Subsection 13.2, if Grantor shall fail to name a qualified arbiter in the time allotted, there will be only one arbiter, appointed by Grantee.
Appointment and Procedure. 4. A Neutral Expert shall be a highly qualified engineer, and, on the receipt of a request made in accordance with Paragraph 5, he shall be appointed, and the terms of his retainer shall be fixed, as follows
(a) During the Transition Period, by the Bank.
(b) After the expiration of the Transition Period,
(i) jointly by the Government of India and the Government of Pakistan, or
(ii) if no appointment is made in accordance with (i) above within one month after the date of the request, then by such person or body as may have been agreed upon between the two Governments in advance, of the annual basis, or, in tile absence of such agreement, by the Bank. Provided that every appointment made in accordance with (a) or (b)(ii) above shall be made after consultation with each of the Parties. The Bank shall be notified of every appointment, except when the Bank is itself the appointing authority,
5. If a difference arises and has to be dealt with in accordance with the provisions of Article IX (2)(a), the following procedure will be followed
(a) The Commissioner who is of the opinion that the difference falls within the provisions of Part 1 of this Annexure (hereinafter in this paragraph referred to as "the first Commissioner") shall notify the other Commissioner of his intention to ask for the appointment of a Neutral Expert. Such notification shall clearly state the paragraph or paragraphs of Part I of this Annexure under which the difference falls and shall also contain a statement of the point or points of difference.
(b) Within two weeks of the receipt by the other Commissioner of the notification specified in (a) above, the two Commissioners will endeavour to prepare a joint statement of the point or points of difference.
(c) After expiry of the period of two weeks specified in (b) above, the first Commissioner may request the appropriate authority specified in Paragraph 4 to appoint a Neutral Expert ; a copy of the request shall be sent at the same time to the other Commissioner.
(d) The request under (c) above shall be accompanied by the joint statement specified in (b) above ; failing this, either Commissioner may send a separate statement to the appointing authority and, if he does so, he shall at the same time send a copy separate statement to the other Commissioner.
6. The procedure with respect to each reference to a Neutral Expert shall be determined by him, provided that:
(a) he shall afford to each Party an adequate hearing;
(b) in making his decisio...
Appointment and Procedure. In the arbitration of any dispute involving Sections 2, 3, 4, 5, 7, 8, 9 or 17.1 hereof, all arbiters shall have a bachelor's or graduate degree in architecture, art history or historic preservation and at least ten