Choice of Expert. (1) If the Dispute is to be determined by expert determination, this clause 10.6 applies.
Choice of Expert. If the difference or question relates to the construction of rights and liabilities of any party or to the terms or conditions to be embodied in any deed or document appertaining thereto it shall be referred to a solicitor or barrister agreed upon by the parties but in default of agreement appointed at the request of any party by or on behalf of the Chairman from time to time of the Bar or any person in an equivalent subsequent role. If the difference or question relates to the occupancy of any dwelling it shall be referred to a chartered surveyor agreed upon by the parties but in default of agreement appointed at the request of any party by or on behalf of the President from time to time of the Royal Institution of Chartered Surveyors or any person in an equivalent subsequent role.
Choice of Expert. (a) A Technical Dispute to be referred to an expert in accordance with paragraph 4 must be determined by an independent expert in the relevant field:
Choice of Expert. 2.1 If the difference or question relates to the construction of rights and liabilities of any party or to the terms or conditions to be embodied in any deed or document appertaining thereto it shall be referred to a solicitor or barrister agreed upon by the parties but in default of agreement appointed at the request of any party by or on behalf of the Chairman from time to time of the Bar Council or any person in an equivalent subsequent role.
Choice of Expert. If the Dispute is to be determined by expert determination, this clause (2) applies. The Dispute must be determined by an independent expert in the relevant field: agreed between and appointed jointly by the parties; or in the absence of Agreement within five (5) Business Days after the date that the matter is required to be determined by expert determination, appointed by the President of the Law Society of New South Wales for the time being. If the parties fail to agree as to the relevant field within five (5) Business Days after the date that the matter is required to be determined by expert determination, either party may refer the matter to the President of the Law Society of New South Wales for the time being whose decision as to the relevant field is final and binding on the parties. The expert appointed to determine a Dispute: must have a technical understanding of the issues in dispute; must not have a significantly greater understanding of one party’s business, functions or operations which might allow the other side to construe this greater understanding as a bias; and must inform the parties before being appointed of the extent of the expert’s understanding of each party’s business or operations and, if that information indicates a possible bias, then that expert must not be appointed except with the written approval of the parties. The parties must promptly enter into an Agreement with the expert appointed under this clause (2) setting out the terms of the expert’s determination and the fees payable to the expert.
Choice of Expert. A Dispute to be referred to an expert in accordance with clause 3 of this Schedule 3 must be determined by an independent expert in the relevant field:
Choice of Expert i If the Dispute is to be determined by expert determination, this clause 11.6 applies. ii The Dispute must be determined by an independent expert in the relevant field: a agreed between and appointed jointly by the parties; or b in the absence of agreement within five (5) Business Days after the date that the matter is required to be determined by expert determination, appointed by the President of the Law Society of New South Wales for the time being. iii If the parties fail to agree as to the relevant field within five (5) Business Days after the date that the matter is required to be determined by expert determination, either party may refer the matter to the President of the Law Society of New South Wales for the time being whose decision as to the relevant field is final and binding on the parties.
