Common use of Appointment of a single Expert Clause in Contracts

Appointment of a single Expert. The procedure for the appointment of an Expert shall be as follows: a) The Party requesting the appointment of an Expert shall notify the other Party hereof by registered mail, mentioning details of the matter which is proposed to be resolved by the Expert. b) Upon receipt of the written request, the Parties shall meet as soon as possible in an endeavour to agree upon the appointment of a single Expert to whom the matter in dispute shall be referred for opinion within five (5) Business Days after such notification. c) If the Parties fail to meet or cannot agree on an Expert within five (5) Business Days from the dispatch date of the said registered notice, the most diligent Party will refer the matter either to the President for the time being of the Belgian Centre for Mediation and Arbitration (CEPANI), Brussels, or the President of the Commercial Court in Brussels in accordance with Article 588 of the Belgian Judicial Code, who shall be requested to appoint an Expert. The jurisdictional authority firstly seized (between the President of the CEPANI and the President of the Brussels Commercial Court) shall have exclusive jurisdiction to appoint the Expert. d) Once the Expert has been appointed, the most diligent Party shall notify within five (5) Business Days after his/her appointment such Expert of his/her appointment and shall request him/her in writing to indicate, within five (5) Business Days from the date of his/her appointment, whether or not he/she is willing and able to accept the appointment. e) If such Expert does not or cannot accept his/her appointment for whatever reason, within the said period of five (5) Business Days then the matter shall again be referred (by either Party) in the manner aforesaid to the President of the CEPINA or the Brussels Commercial Court, unless the Parties commonly agree on the appointment of another Expert. This procedure shall be repeated until an Expert is found who accepts the appointment.

Appointment of a single Expert. The procedure for the appointment of an Expert shall be as follows: a) The Party requesting the appointment of an Expert expert shall notify the other Party hereof by registered mail, mentioning the details of the matter which is proposed to be resolved by submitted to the Expert. b) expert. Upon receipt of such registered notice the written requestsubmission of the matter to expert opinion, each Party shall nominate three proposed experts in order of preference. The Parties agree to appoint the expert whose name appears in common on the lists of both Parties. If the lists contain more than one common name, the expert with the highest combined preference shall be appointed. If this process results in a tie the Parties shall meet as soon as possible in an endeavour to agree upon the appointment of a single Expert to whom promptly discuss the matter in dispute shall to seek agreement on the expert to be referred for opinion chosen. If the Parties fail within five ten (510) Business Days after such notification. c) If the Parties fail to meet or cannot agree on an Expert within five (5) Business Days from the dispatch date receipt of the said registered noticemail to select an expert in the manner prescribed (including, without limitation, the case in which the Parties’ lists contain no name in common), the most diligent Party will refer may request the matter either to the President for the time being of the Belgian ICC International Centre for Mediation and Arbitration (CEPANI), Brussels, or Expertise to appoint the President of the Commercial Court in Brussels expert in accordance with Article 588 the ICC Selection Rules as then in force. Upon an expert being agreed or selected, under the foregoing provisions of the Belgian Judicial Code, who shall be requested to appoint an Expert. The jurisdictional authority firstly seized (between the President of the CEPANI and the President of the Brussels Commercial Court) shall have exclusive jurisdiction to appoint the Expert. d) Once the Expert has been appointedthis Clause 6.3, the most diligent Party shall forthwith notify such expert of his selection and shall request him within five ten (510) Business Days after his/her appointment such Expert of his/her appointment and shall request him/her in writing to indicate, within five (5) Business Days from the date of his/her appointment, indicate whether or not he/she he is willing and able to accept the appointment. e) appointment and the compensation conditions of its intervention (the “Acceptance”). If such Expert does expert is either unwilling or unable to accept such appointment or has not indicated his willingness and ability to accept such appointment or cannot accept his/her appointment for whatever reason, that no agreement can be reached regarding the compensation conditions within the said period of five ten (510) Business Days Days, then the matter procedure as described under paragraph ’Appointment of a single expert’ above shall again be referred (by either Party) in the manner aforesaid applied to the President of the CEPINA or the Brussels Commercial Court, unless the Parties commonly agree on the appointment of another Expert. This procedure nominate an expert and this process shall be repeated until an Expert expert is found who accepts appointment. The date on which the expert notifies the Acceptance shall be the date of his appointment.

Appointment of a single Expert. The procedure for the appointment of an Expert shall be as follows: a) The Party requesting the appointment of an Expert shall notify the other Party hereof by registered mail, mentioning details of the matter which is proposed to be resolved by the Expert. b) Upon receipt of the written request, the Parties shall meet as soon as possible in an endeavour to agree upon the appointment of a single Expert to whom the matter in dispute shall be referred for opinion within five (5) Business Days after such notification. c) If the Parties fail to meet or cannot agree on an Expert within five (5) Business Days from the dispatch date of the said registered notice, the most diligent Party will refer the matter either to the President for the time being of the Belgian Centre for Mediation and Arbitration (CEPANI), Brussels, or the President of the Commercial Court in Brussels in accordance with Article 588 of the Belgian Judicial Code, who shall be requested to appoint an Expert. The jurisdictional authority firstly seized (between the President of the CEPANI and the President of the Brussels Commercial Court) shall have exclusive jurisdiction to appoint the Expert. d) Once the Expert has been appointed, the most diligent Party shall notify within five (5) Business Days after his/her appointment such Expert of his/her appointment and shall request him/her in writing to indicate, within five (5) Business Days from the date of his/her appointment, whether or not he/she is willing and able to accept the appointment. e) If such Expert does not or cannot accept his/her appointment for whatever reason, within the said period of five (5) Business Days then the matter shall again be referred (by either Party) in the manner aforesaid to the President of the CEPINA or the Brussels Commercial Court, unless the Parties commonly agree on the appointment of another Expert. This procedure shall be repeated until an Expert is found who accepts the appointment.another

Appointment of a single Expert. The procedure for the appointment of an Expert shall be as follows: a) The Party requesting the appointment of an Expert shall notify the other Party hereof by registered mail, mentioning details of the matter which is proposed to be resolved by the Expert. b) Upon receipt of the written request, the Parties shall meet as soon as possible in an endeavour to agree upon the appointment of a single Expert to whom the matter in dispute shall be referred for opinion within five (5) Business Days after such notification. c) If the Parties fail to meet or cannot agree on an Expert within five (5) Business Days from the dispatch date of the said registered notice, the most diligent Party will refer the matter either to the President for the time being of the Belgian Centre for Mediation and Arbitration (CEPANI), Brussels, or the President of the Commercial Court in Brussels in accordance with Article 588 of the Belgian Judicial Code, who shall be requested to appoint an Expert. The jurisdictional authority firstly seized (between the President of the CEPANI and the President of the Brussels Commercial Court) shall have exclusive jurisdiction to appoint the Expert. d) Once the Expert has been appointed, the most diligent Party shall notify within five (5) Business Days after his/her appointment such Expert of his/her appointment and shall request him/her in writing to indicate, within five (5) Business Days from the date of his/her appointment, whether or not he/she is willing and able to accept the appointment. e) If such Expert does not or cannot accept his/her appointment for whatever reason, within the said period of five (5) Business Days then the matter shall again be referred (by either Party) in the manner aforesaid to the President of the CEPINA or the Brussels Commercial Court, unless the Parties commonly agree on the appointment of another Expert. This procedure shall be repeated until an Expert is found who accepts the appointment.the

Appointment of a single Expert. The procedure for the appointment of an Expert shall be as follows: a) The Party requesting the appointment of an Expert shall notify the other Party hereof by registered mail, mentioning details of the matter which is proposed to be resolved by the Expert. b) Upon receipt of the written request, the Parties shall meet as soon as possible in an endeavour to agree upon the appointment of a single Expert to whom the matter in dispute shall be referred for opinion within five (5) Business Days after such notification.the c) If the Parties fail to meet or cannot agree on an Expert within five (5) Business Days from the dispatch date of the said registered notice, the most diligent Party will refer the matter either to the President for the time being of the Belgian Centre for Mediation and Arbitration (CEPANI), Brussels, or the President of the Commercial Court in Brussels in accordance with Article 588 of the Belgian Judicial Code, who shall be requested to appoint an Expert. The jurisdictional authority firstly seized (between the President of the CEPANI and the President of the Brussels Commercial Court) shall have exclusive jurisdiction to appoint the Expert. d) Once the Expert has been appointed, the most diligent Party shall notify within five (5) Business Days after his/her appointment such Expert of his/her appointment and shall request him/her in writing to indicate, within five (5) Business Days from the date of his/her appointment, whether or not he/she is willing and able to accept the appointment. e) If such Expert does not or cannot accept his/her appointment for whatever reason, within the said period of five (5) Business Days then the matter shall again be referred (by either Party) in the manner aforesaid to the President of the CEPINA or the Brussels Commercial Court, unless the Parties commonly agree on the appointment of another Expert. This procedure shall be repeated until an Expert is found who accepts the appointment.

Appointment of a single Expert. The procedure for the appointment of an Expert shall be as follows: a) : The Party requesting the appointment of an Expert shall notify the other Party hereof by registered mail, mentioning details of the matter which is proposed to be resolved by the Expert. b) . Upon receipt of the written request, the Parties shall meet as soon as possible in an endeavour to agree upon the appointment of a single Expert to whom the matter in dispute shall be referred for opinion within five (5) Business Days after such notification. c) . If the Parties fail to meet or cannot agree on an Expert within five (5) Business Days from the dispatch date of the said registered notice, the most diligent Party will refer the matter either to the President for the time being of the Belgian Centre for Mediation and Arbitration (CEPANI), Brussels, or the President of the Commercial Court in Brussels in accordance with Article 588 of the Belgian Judicial Code, who shall be requested to appoint an Expert. The jurisdictional authority firstly seized (between the President of the CEPANI and the President of the Brussels Commercial Court) shall have exclusive jurisdiction to appoint the Expert. d) . Once the Expert has been appointed, the most diligent Party shall notify within five (5) Business Days after his/her appointment such Expert of his/her appointment and shall request him/her in writing to indicate, within five (5) Business Days from the date of his/her appointment, whether or not he/she is willing and able to accept the appointment. e) . If such Expert does not or cannot accept his/her appointment for whatever reason, within the said period of five (5) Business Days then the matter shall again be referred (by either Party) in the manner aforesaid to the President of the CEPINA or the Brussels Commercial Court, unless the Parties commonly agree on the appointment of another Expert. This procedure shall be repeated until an Expert is found who accepts the appointment.

Appointment of a single Expert. The procedure for the appointment of an Expert shall be as follows: a) The Party requesting the appointment of an Expert expert shall notify the other Party hereof by registered mail, mentioning the details of the matter which is proposed to be resolved by submitted to the Expert. b) expert. Upon receipt of such registered notice the written requestsubmission of the matter to expert opinion, each Party shall nominate three proposed experts in order of preference. The Parties agree to appoint the expert whose name appears in common on the lists of both Parties. If the lists contain more than one common name, the expert with the highest combined preference shall be appointed. If this process results in a tie or if the lists do not contain any common name or if one of the Parties does not nominate any expert, the Parties shall meet as soon as possible in an endeavour to agree upon the appointment of a single Expert to whom promptly discuss the matter in dispute shall to seek agreement on the expert to be referred for opinion chosen. If the Parties fail within five ten (510) Business Days after such notification. c) If the Parties fail to meet or cannot agree on an Expert within five (5) Business Days from the dispatch date receipt of the said registered noticemail to select an expert in the manner prescribed (including, without limitation, the case in which the Parties’ lists contain no name in common), the most diligent Party will refer may request the matter either to the President for the time being of the Belgian ICC International Centre for Mediation and Arbitration (CEPANI), Brussels, or Expertise to appoint the President of the Commercial Court in Brussels expert in accordance with Article 588 the ICC Selection Rules as then in force. Upon an expert being agreed or selected, under the foregoing provisions of the Belgian Judicial Code, who shall be requested to appoint an Expert. The jurisdictional authority firstly seized (between the President of the CEPANI and the President of the Brussels Commercial Court) shall have exclusive jurisdiction to appoint the Expert. d) Once the Expert has been appointedthis Clause 6.3, the most diligent Party shall forthwith notify such expert of his selection and shall request him within five ten (510) Business Days after his/her appointment such Expert of his/her appointment and shall request him/her in writing to indicate, within five (5) Business Days from the date of his/her appointment, indicate whether or not he/she he is willing and able to accept the appointment. e) appointment and the compensation conditions of its intervention (the “Acceptance”). If such Expert does expert is either unwilling or unable to accept such appointment or has not indicated his willingness and ability to accept such appointment or cannot accept his/her appointment for whatever reason, that no agreement can be reached regarding the compensation conditions within the said period of five ten (510) Business Days Days, then the matter procedure as described under paragraph ’Appointment of a single expert’ above shall again be referred (by either Party) in the manner aforesaid applied to the President of the CEPINA or the Brussels Commercial Court, unless the Parties commonly agree on the appointment of another Expert. This procedure nominate an expert and this process shall be repeated until an Expert expert is found who accepts appointment. The date on which the expert notifies the Acceptance shall be the date of his appointment.

Appointment of a single Expert. The procedure for the appointment of an Expert shall be as follows: a) The Party requesting the appointment of an Expert shall notify the other Party hereof by registered mail, mentioning details of the matter which is proposed to be resolved by the Expert. b) Upon receipt of the written request, the Parties shall meet as soon as possible in an endeavour to agree upon the appointment of a single Expert to whom the matter in dispute shall be referred for opinion within five (5) Business Days after such notification. c) If the Parties fail to meet or cannot agree on an Expert within five (5) Business Days from the dispatch date of the said registered notice, the most diligent Party will refer the matter either to the President for the time being of the Belgian Centre for Mediation and Arbitration (CEPANI), Brussels, or the President of the Commercial Court in Brussels in accordance with Article 588 of the Belgian Judicial Code, who shall be requested to appoint an Expert. The jurisdictional authority firstly seized (between the President of the CEPANI and the President of the Brussels Commercial Court) shall have exclusive jurisdiction to appoint the Expert. d) Once the Expert has been appointed, the most diligent Party shall notify within five (5) Business Days after his/her appointment such Expert of his/her appointment and shall request him/her in writing to indicate, within five (5) Business Days from the date of his/her appointment, whether or not he/she is willing and able to accept the appointment. e) If such Expert does not or cannot accept his/her appointment for whatever reason, within the said period of five (5) Business Days then the matter shall again be referred (by either Party) in the manner aforesaid to the President of the CEPINA or the Brussels Commercial Court, unless the Parties commonly agree on the appointment of another Expert. This procedure shall be repeated until an Expert is found who accepts the appointment.CEPINA