Common use of Choice of Expert Clause in Contracts

Choice of Expert. 9.5.1 If the Dispute is to be determined by expert determination, this clause 9.5 applies.‌ 9.5.2 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 seven (7) 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. 9.5.3 If the parties fail to agree as to the relevant field within seven (7) 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. 9.5.4 The expert appointed to determine a Dispute:‌ (a) must have a technical understanding of the issues in dispute; (b) 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 (c) 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. 9.5.5 The parties must promptly enter into an agreement with the expert appointed under this clause setting out the terms of the expert’s determination and the fees payable to the expert.

Choice of Expert. 9.5.1 (a) If the Dispute is to be determined by expert determination, this clause 9.5 applies.‌14.6applies. 9.5.2 (b) The Dispute must be determined by an independent expert in the relevant field: (ai) agreed between and appointed jointly by the partiesParties; or‌or (bii) in the absence of agreement within seven (7) Business Days 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. 9.5.3 (c) If the parties Parties fail to agree as to the relevant field within seven (7) Business Days 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 partiesParties. 9.5.4 (d) The expert appointed to determine a Dispute:‌Dispute: (ai) must have a technical understanding of the issues in dispute; (bii) 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; and‌and (ciii) must inform the parties 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 the expert must not be appointed except with the written approval of the partiesParties. 9.5.5 (e) The parties Parties must promptly enter into an agreement with the expert appointed under this clause setting out the terms of the expert’s determination and the fees payable to the expert.

Choice of Expert. 9.5.1 (a) If the Dispute is to be determined by expert determination, this clause 9.5 applies.‌10.7 applies. 9.5.2 (b) The Dispute must be determined by an independent expert in the relevant field: (ai) agreed between and appointed jointly by the parties; or‌or (bii) in the absence of agreement document within seven five (75) 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. 9.5.3 (c) If the parties fail to agree as to the relevant field within seven five (75) 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. 9.5.4 (d) The expert appointed to determine a Dispute:‌Dispute: (ai) must have a technical understanding of the issues in dispute; (bii) 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; and‌and (ciii) 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. 9.5.5 (e) The parties must promptly enter into an agreement with the expert appointed under this clause setting out the terms of the expert’s determination and the fees payable to the expert.clause

Choice of Expert. 9.5.1 If the Dispute is to be determined by expert determination, this clause 9.5 applies.‌applies. 9.5.2 The Dispute must be determined by an independent expert in the relevant field: (a) agreed between and appointed jointly by the parties; or‌or (b) in the absence of agreement within seven (7) 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. 9.5.3 If the parties fail to agree as to the relevant field within seven (7) 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. 9.5.4 The expert appointed to determine a Dispute:‌Dispute: (a) must have a technical understanding of the issues in dispute; (b) 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; and‌and (c) 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. 9.5.5 The parties must promptly enter into an agreement with the expert appointed under this clause setting out the terms of the expert’s determination and the fees payable to the expert.

Choice of Expert. 9.5.1 (a) If the Dispute is to be determined by expert determination, this clause 9.5 applies.‌14.6 applies. 9.5.2 (b) The Dispute must be determined by an independent expert in the relevant field: (ai) agreed between and appointed jointly by the partiesParties; or‌or (bii) in the absence of agreement within seven five (75) 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. 9.5.3 (c) If the parties Parties fail to agree as to the relevant field within seven five (75) 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 he relevant field is final and binding on the partiesParties. 9.5.4 (d) The expert appointed to determine a Dispute:‌Dispute: (ai) must have a technical understanding of the issues in dispute; (bii) 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; and‌and (ciii) must inform the parties 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 the expert must not be appointed except with the written approval of the partiesParties. 9.5.5 The parties must promptly enter into an agreement with the expert appointed under this clause setting out the terms of the expert’s determination and the fees payable to the expert.