Appointment of an Expert. (i) The Parties shall use reasonable endeavours to procure that the ICC appoints the Experts within ten (10) Business Days of service of the Reply or as soon as reasonably practicable thereafter. (ii) Without prejudice to a Party's entitlement to challenge the appointment of an Expert pursuant to § 31.3(b)(iii) and except where selected by the Parties, the decision of the ICC as to the identity of any Expert shall be final. (iii) Prior to their appointment, each Expert shall provide the Parties and the ICC with a written resume of his or her past and present professional positions, shall agree in writing a fee rate conforming to the ICC Expertise Rules and shall sign a declaration to the effect that there are no circumstances known to him or her likely to give rise to justifiable doubts as to his or her independence and impartiality. The Experts shall each assume a continuing duty to disclose any such circumstances to the ICC and to the Parties, if such circumstances should arise after the date of such declaration and before the Expert determination is concluded. (iv) An Expert shall act as an expert to determine a point of fact and not as an arbitrator.
Appears in 8 contracts
Samples: Individual Power Purchase Agreement, Individual Power Purchase Agreement, Individual Power Purchase Agreement
Appointment of an Expert. (i) The Parties shall use reasonable endeavours to procure that the ICC appoints the Experts within ten (10) Business Days of service of the Reply or as soon as reasonably practicable thereafter.
(ii) Without prejudice to a Party's entitlement to challenge the appointment of an Expert pursuant to § 31.3(b)(iii21.3(c)(iii) and except where selected by the Parties, the decision of the ICC as to the identity of any Expert shall be final.
(iii) Prior to their appointment, each Expert shall provide the Parties and the ICC with a written resume of his or her past and present professional positions, shall agree in writing a fee rate conforming to the ICC Expertise Rules and shall sign a declaration to the effect that there are no circumstances known to him or her likely to give rise to justifiable doubts as to his or her independence and impartiality. The Experts shall each assume a continuing duty to disclose any such circumstances to the ICC and to the Parties, if such circumstances should arise after the date of such declaration and before the Expert determination is concluded.
(iv) An Expert shall act as an expert to determine a point of fact and not as an arbitrator.
Appears in 4 contracts
Samples: Certificate Master Agreement, Certificate Master Agreement, Certificate Master Agreement
Appointment of an Expert. (i) The Parties shall use reasonable endeavours to procure that the ICC appoints the Experts within ten (10) Business Days of service of the Reply or as soon as reasonably practicable thereafter.
(ii) Without prejudice to a Party's entitlement to challenge the appointment of an Expert pursuant to § 31.3(b)(iii18.3(c)(iii) and except where selected by the Parties, the decision of the ICC as to the identity of any Expert shall be final.
(iii) Prior to their appointment, each Expert shall provide the Parties and the ICC with a written resume of his or her past and present professional positions, shall agree in writing a fee rate conforming to the ICC Expertise Rules and shall sign a declaration to the effect that there are no circumstances known to him or her likely to give rise to justifiable doubts as to his or her independence and impartiality. The Experts shall each assume a continuing duty to disclose any such circumstances to the ICC and to the Parties, if such circumstances should arise after the date of such declaration and before the Expert determination is concluded.
(iv) An Expert shall act as an expert to determine a point of fact and not as an arbitrator.
Appears in 1 contract
Samples: Biogas Certificates Standard Agreement for Single Trade