Appointment of the Expert. A Disputing Party wishing to refer a Dispute to an Expert for determination under Clause 25.3 shall provide the other Disputing Party(ies) (and where it is not a Disputing Party the CMA) with: (i) notice of its intention to refer the Dispute to an Expert and (ii) notice of a proposed Expert. The Disputing Parties shall endeavour within five (5) Business Days of such notice to agree upon the selection of an Expert and may meet for this purpose. In the event of failure to reach such agreement, the Expert shall be appointed by the Commission on the application of any Disputing Party.
Appointment of the Expert. The procedure for the appointment of a person who will decide on matters referred to him for Expert Determination (the “Expert”) shall be as follows:
1.1 the Customer wishing to appoint or to refer a matter to an Expert for determination shall give Notice to that effect to the other Party and, with such Notice, shall give details of the reason for the appointment of, and the matter to be referred to, the Expert;
1.2 the Parties shall promptly meet and endeavour to agree upon a person to be the Expert. If, within five (5) days from the date of the Notice under Paragraph 1.1 of this Schedule F, the Parties have failed to agree upon an Expert, the matter may be referred by either Party wishing the appointment to be made to the president of the District Court of The Hague, the Netherlands (the “Appointer”), who shall be requested to make the appointment of the Expert within fifteen
Appointment of the Expert. 17.3.1 Upon the selection under Clause 17.2 or 17.3.3 of an expert, the Parties shall forthwith notify the expert selected of his selection and request him to confirm within ten (10) Business Days whether or not he is willing and able to accept the appointment.
17.3.2 The notification to the expert shall include the following:
(a) the names of the Parties and a summary of the dispute;
(b) a request that the expert provides the confirmation required under Clause 17.6.1;
(c) a request for confirmation of the expert's scale of fees;
(d) a statement that the expert's fees and expenses will be paid as provided in Clause 17.7.2;
(e) a statement that the information disclosed in the notification is confidential and that it should not be disclosed, copied or revealed whether the appointment is accepted or not, except that such information may be disclosed by either Party to a Competent Authority and to such Party's Shippers, to the extent necessary for that Party to comply with its Transportation Arrangements or any Legal Requirement;
(f) a copy of this Clause 17.3.2; and
(g) a request for confirmation that the expert is able and willing to act in accordance with the procedure set out herein.
17.3.3 If the selected expert is unwilling or unable to accept the appointment, or shall not have confirmed his willingness and ability to accept such appointment within the period required under Clause 17.3.1, or the amount of his remuneration or terms of his appointment are not agreed within the period required under Clause 17.3.4, the Parties shall endeavour to agree upon the selection of another expert within three (3) Business Days, failing which another expert shall be selected in accordance with this Clause 17.
17.3.4 The Parties shall use their best endeavours to ensure that the terms of the contract of appointment of the expert are agreed with him within ten (10) Business Days following his confirmation of ability and willingness to act, and agree that if the Parties are unable to agree with the expert the amount of his remuneration or any other terms of his appointment then:
(a) if one or more of the Parties is willing to agree what the expert proposes, such amount or terms shall be determined by the President for the time being of the Law Society whose decision shall be final and binding on the Parties to the dispute and whose costs of such reference shall be borne by the Parties to the dispute equally;
(b) if none of the Parties is willing to agree what the expert...
Appointment of the Expert. 21.1.1 In the event of there being any dispute between the Parties in respect of any matter pursuant to this Agreement such dispute shall be determined in accordance with this clause 21 and any Party may at any time require by Notice in writing to the other Party an independent expert (“the Expert”) to be appointed to resolve the dispute.
21.1.2 The Expert (who shall be a person having not less than 10 [ten] years experience of the type of dispute in question) may be agreed upon by the Parties and in default of such agreement within one month of a requirement being made pursuant to clause 22.1 of this Agreement shall be appointed by the Director of [insert body to make nomination] on the application of any Party made at any time after the said period of one month.
21.1.3 If such dispute shall relate to matters concerning the construction, interpretation and/or the application of this Agreement the Expert shall be a barrister or a solicitor as agreed between the relevant Parties (or failing such agreement as determined by the Director of [insert body to make nomination]) and in any other circumstance shall be a member of such profession as the Parties may agree (or failing such agreement as determined by the Director of [insert body to make nomination]) is appropriate.
21.1.4 If the Expert nominated pursuant to such application shall die or decline to act or fail to make a decision as set out below another Expert may be appointed in his place in accordance with clause 21.1.2 or 21.1.3 of this Agreement. Version 15 Draft : 28th November 2013 Kent Thameside Strategic Transport Programme Partnership Agreement
Appointment of the Expert. 13.6.1 Upon the selection under clause 13.5 of an Expert, the Operators shall forthwith notify the Expert selected of his selection and request him to confirm within five (5) Business Days whether or not he is willing and able to accept the appointment.
13.6.2 The notification to the Expert shall include the following:
(a) the names of the Operators and a summary of the dispute;
(b) the proposed terms of his appointment
(c) a statement that the information disclosed in the notification is confidential and that it should not be disclosed, copied or revealed whether the appointment is accepted or not; and
(d) a request for confirmation that the Expert is able and willing to act in accordance with the proposed terms.
13.6.3 If the selected Expert is unwilling or unable to accept the appointment, or shall not have confirmed his willingness and ability to accept such appointment within the period required under clause 13.6.1, or the amount of his remuneration or terms of his appointment are not agreed within the period required under clause 13.6.4, the Operators shall endeavour to agree upon the selection of another Expert within three
Appointment of the Expert. In the absence of agreement between the parties to the dispute or difference as to the professional qualifications of the person to be appointed pursuant to clause 9.2 or as to the appropriate professional body within 10 (ten) Working Days after either party has given to the other written request to concur in the professional qualifications of the person to be appointed pursuant to clause 9.2 hereof then the question of the appropriate qualifications or professional body will be referred to a solicitor to be appointed by the President for the time being of the Law Society of England and Wales on the application of any party to the dispute or difference and such solicitor will act as an expert and his decision as to the professional qualifications of such person or as to the appropriate professional body will be final and binding on the parties to the dispute or difference and his costs will be payable by the parties to the dispute and in such proportion as he will determine and failing such determination will be borne by the parties to the dispute or difference in equal shares.
Appointment of the Expert. 10.1.1 In the event of there being any dispute between the Parties in respect of any matter pursuant to this Agreement such dispute shall be determined in Version: 17 Draft :16 June 0000 Xxxx Xxxxxxxxx Strategic Transport Programme Partnership Agreement accordance with this clause 21 and any Party may at any time require by Notice in writing to the other Party an independent expert (“the Expert”) to be appointed to resolve the dispute.
Appointment of the Expert. 22.1.1 In the event of there being any dispute between the Parties in respect of any matter pursuant to this Agreement such dispute shall be determined in accordance with this clause 20 and any party may at any time require by notice in writing to the other party an independent expert (“the Expert”) to be appointed to resolve the dispute.
22.1.2 The Expert (who shall be a person having not less than ten (10) years experience of the type of dispute in question) may be agreed upon by the Parties and in default of such agreement within one (1) month of a requirement being made pursuant to clause 22.1 shall be appointed by the Director of [insert body to make nomination] on the application of any party made at any time after the said period of one (1) month.
22.1.3 If such dispute shall relate to matters concerning the construction, interpretation and/or the application of this Agreement the Expert shall be a barrister or a solicitor as agreed between the relevant Parties (or failing such agreement as determined by the Director of [insert body to make nomination]) and in any other circumstance shall be a member of such profession as the Parties may agree (or failing such agreement as determined by the Director of [insert body to make nomination]) is appropriate.
22.1.4 If the Expert nominated pursuant to such application shall die or decline to act or fail to make a decision as set out below another Expert may be appointed in his place as agreed between the relevant Parties.
Appointment of the Expert. If the dispute is not resolved within 10 days after the notice providing particulars of the dispute, the parties are to appoint an independent Expert. If the parties fail to agree upon an Expert, either may request the Chief Executive Officer of the Australian Commercial Disputes Centre Ltd., Sydney to nominate an Expert. If there is no Chief Executive Officer or the Chief Executive Officer fails to make a nomination within a reasonable time, the Principal is to nominate an Expert. The person nominating the Expert is not to nominate:
a) an employee of the Principal or Service Provider;
b) a person who has been connected with the Agreement; or;
c) a person upon whose appointment the Principal and the Service Provider have previously failed to agree. When the person to be the Expert has been agreed on or nominated, the Principal, on behalf of both parties is to appoint the expert in writing, with a copy to the Service Provider, setting out:-
a) the dispute being referred to the Expert for a decision;
b) The Expert’s fees;
c) the procedures detailed in this Clause; and;
d) Any other matters which are relevant to the engagement.
Appointment of the Expert. Interpretation
