Common use of Directions to expert Clause in Contracts

Directions to expert. (1) In reaching a determination in respect of a dispute under clause 13.6, the independent expert must give effect to the intent of the parties entering into this document and the purposes of this document. (2) The expert must: (a) act as an expert and not as an arbitrator; (b) proceed in any manner as the expert thinks fit without being bound to observe the rules of natural justice or the rules of evidence; (c) not accept verbal submissions unless both parties are present; (d) on receipt of a written submission from one party, ensure that a copy of that submission is given promptly to the other party; (e) take into consideration all documents, information and other material which the parties give the expert which the expert in its absolute discretion considers relevant to the determination of the Dispute; (f) not be expected or required to obtain or refer to any other documents, information or material (but may do so if the expert so wishes); (g) issue a draft certificate stating the expert’s intended determination (together with written reasons), giving each party ten (10) Business Days to make further submissions; (h) issue a final certificate stating the expert’s determination (together with written reasons); and (i) act with expedition with a view to issuing the final certificate as soon as practicable. (3) The parties must comply with all directions given by the expert in relation to the resolution of the Dispute and must within the time period specified by the expert, give the expert: (a) a short statement of facts; (b) a description of the Dispute; and (c) any other documents, records or information which the expert requests.

Directions to expert. (1) In reaching a determination in respect of a dispute under clause 13.610.6, the independent expert must give effect to the intent of the parties entering into this document and the purposes of this document. (2) The expert must: (a) act as an expert and not as an arbitrator; (b) proceed in any manner as the expert thinks fit without being bound to observe the rules of natural justice or the rules of evidence; (c) not accept verbal submissions unless both parties are present; (d) on receipt of a written submission from one party, ensure that a copy of that submission is given promptly to the other party; (e) take into consideration all documents, information and other material which the parties give the expert which the expert in its absolute discretion considers relevant to the determination of the Dispute; (f) not be expected or required to obtain or refer to any other documents, information or material (but may do so if the expert so wishes); (g) issue a draft certificate stating the expert’s intended determination (together with written reasons), giving each party ten (10) Business Days to make further submissions; (h) issue a final certificate stating the expert’s determination (together with written reasons); and (i) act with expedition with a view to issuing the final certificate as soon as practicable. (3) The parties must comply with all directions given by the expert in relation to the resolution of the Dispute and must within the time period specified by the expert, give the expert: (a) a short statement of facts; (b) a description of the Dispute; and (c) any other documents, records or information which the expert requests.

Directions to expert. (1) In reaching a determination in respect of a dispute under clause 13.69.6, the independent expert must give effect to the intent of the parties entering into this document and the purposes of this document. (2) The expert must: (a) act as an expert and not as an arbitrator; (b) proceed in any manner as the expert thinks fit without being bound to observe the rules of natural justice or the rules of evidence; (c) not accept verbal submissions unless both parties are present; (d) on receipt of a written submission from one party, ensure that a copy of that submission is given promptly to the other party; (e) take into consideration all documents, information and other material which the parties give the expert which the expert in its absolute discretion considers relevant to the determination of the Dispute; (f) not be expected or required to obtain or refer to any other documents, information or material (but may do so if the expert so wishes); (g) issue a draft certificate stating the expert’s intended determination (together with written reasons), giving each party ten (10) Business Days to make further submissions; (h) issue a final certificate stating the expert’s determination (together with written reasons); and (i) act with expedition with a view to issuing the final certificate as soon as practicable. (3) The parties must comply with all directions given by the expert in relation to the resolution of the Dispute and must within the time period specified by the expert, give the expert: (a) a short statement of facts; (b) a description of the Dispute; and (c) any other documents, records or information which the expert requests.

Directions to expert. (1) 10.7.1 In reaching a determination in respect of a dispute under clause 13.610.6, the independent expert must give effect to the intent of the parties entering into this document and the purposes of this document. (2) 10.7.2 The expert must: (a) 10.7.2.1 act as an expert and not as an arbitrator; (b) 10.7.2.2 proceed in any manner as the expert thinks fit without being bound to observe the rules of natural justice or the rules of evidence; (c) 10.7.2.3 not accept verbal submissions unless both parties are present; (d) 10.7.2.4 on receipt of a written submission from one party, ensure that a copy of that submission is given promptly to the other party; (e) 10.7.2.5 take into consideration all documents, information and other material which the parties give the expert which the expert in its absolute discretion considers relevant to the determination of the Dispute; (f) 10.7.2.6 not be expected or required to obtain or refer to any other documents, information or material (but may do so if the expert so wishes); (g) 10.7.2.7 issue a draft certificate stating the expert’s intended determination (together with written reasons), giving each party ten (10) Business Days to make further submissions; (h) 10.7.2.8 issue a final certificate stating the expert’s determination (together with written reasons); and (i) 10.7.2.9 act with expedition with a view to issuing the final certificate as soon as practicable. (3) 10.7.3 The parties must comply with all directions given by the expert in relation to the resolution of the Dispute and must within the time period specified by the expert, give the expert: (a) 10.7.3.1 a short statement of facts; (b) 10.7.3.2 a description of the Dispute; and (c) 10.7.3.3 any other documents, records or information which the expert requests.