Expert. 23.1 Where pursuant to this Agreement any matter is to be referred to an Expert, or the Parties agree that any matter shall be referred to an Expert (any such matter a “Dispute”) the provisions of this Clause 23 shall have effect.
23.2 To start a determination, one Party must write to the other, identifying the issue and proposing an expert. As soon as reasonably practicable following such notice, the Parties must try to jointly appoint a single expert to determine the Dispute (the “Expert”) who shall be an independent person of suitable experience and skill agreed upon by both Parties or in lieu of such agreement:
(a) in respect of Disputes referred to an Expert in accordance with Clause 11, selected by the President for the time being of the Institute of Chartered Accountants in England (or its successor body); and
(b) in respect of all other Disputes, selected by the President for the time being of the Energy Institute (or its successor body).
23.3 The Expert must act as an expert and not as an arbitrator. The Arbitration Act 1996 and the law of arbitration shall not apply to the Expert, to the determination procedure, or to the Expert’s decision.
23.4 The Parties will meet with the Expert to agree the timetable and to determine the form of submissions to be made, the form of the hearing of the Dispute and the remuneration of the Expert.
23.5 Each Party shall bear its own costs including without limitation the costs of providing documentation, information, data, submissions, and expenses of all witnesses and other persons retained by such Party.
23.6 The Expert’s fees and expenses shall be payable by the Parties in equal amounts, unless the Parties agree that the Expert may make a direction that such fees and expenses should be borne on some other basis.
23.7 The Expert’s determination must take place in London, in English, and must be delivered within three (3) months of the Expert’s appointment. The Expert’s final determination shall be final and binding on the Parties except in the case of manifest error by the Expert or fraud.
23.8 The Parties and the Expert shall keep confidential the fact that the expert determination is taking place, all documents and information relating thereto and its outcome.
Expert. Subject to Clause 16.1, where any matter may be referred to an expert pursuant to Clause 11.2 or is required by this Agreement to be referred to an expert then except as otherwise provided for in this Agreement, the matter must be referred for determination by a person:
(a) who is appointed by the Parties, or in default of such appointment within ten (10) Business Days after either Party giving notice in writing to the other Party requiring the appointment of an expert then that person is to be nominated at either Party’s request by:
(i) if the Parties agree that the Dispute is of a financial nature, the President for the time being of CPA Australia;
(ii) if the Parties agree that the Dispute is of a non-financial nature, the President for the time being of the Engineers Australia – Queensland Division; and
(iii) in any other case, by the President for the time being of the Queensland Law Society Incorporated;
(b) who has appropriate qualifications and practical experience having regard to the nature of the Dispute;
(c) who has no interest or duty which conflicts or may conflict with his function as expert, he being required to fully disclose any such interest or duty by written notice to the Parties before his appointment;
(d) who is not an employee of the End User, any Operator or Aurizon Network or of a Related Body Corporate of any of them;
(e) who shall not be permitted to act until he has given written notice to both Parties that he is willing and able to accept the appointment;
(f) who shall have regard to the provisions of this Agreement and consider all submissions (including oral submissions by either Party provided that such oral submissions are made in the presence of the other Party), supporting documentation, information and data with respect to the matter submitted by the Parties or submitted by the Parties as soon as reasonably practicable at his request and who must provide both Parties with a copy of his determination in the form of a report within a reasonable time after his appointment;
(g) who shall be required to undertake to keep confidential all matters coming to his knowledge by reason of his appointment and performance of his duties;
(h) who shall be deemed to be and shall act as an expert and not an arbitrator and the law relating to arbitration (including, without limitation, the Commercial Arbitration Act 1990 (Qld)) shall not apply to him or his determination or the procedures by which he may reach his determination;
(i) whose...
Expert. The term “
Expert. 24.1 Where pursuant to this Agreement any matter is to be referred to an Expert, or the Parties agree that any matter shall be referred to an Expert (any such matter a "Referred Matter") the provisions of this clause 24 shall have effect.
24.2 The expert chosen to determine the Referred Matter (the "Expert") shall be an independent person of suitable experience and skill agreed upon by both Parties or in lieu of such agreement, selected by the President for the time being of the Energy Institute.
24.3 The Parties will meet with the Expert to agree the timetable and to determine the form of submissions to be made, the form of the hearing of the Referred Matter and the remuneration of the Expert.
24.4 Each Party shall bear its own costs including without limitation the costs of providing documentation, information, data, submissions and expenses of all witnesses and other persons retained by such Party.
24.5 The Expert's fees and expenses shall be payable by the Parties in equal amounts, unless the Parties agree that the Expert may make a direction that such fees and expenses should be borne on some other basis.
24.6 The Expert's final determination shall be final and binding on the Parties except in the case of manifest error.
24.7 The Parties and the Expert shall keep confidential the fact that the expert determination is taking place, all documents and information relating thereto and its outcome.
Expert. If a dispute shall fail to be resolved pursuant to Paragraph 1.2 within thirty five (35) Business Days of the meeting referred to then, where any provision of this Agreement provides for any matter to be referred to or resolved by the Expert, any dispute or difference arising in connection with any such provision between the parties shall be and is hereby referred to the Expert. The following provisions shall apply between the Parties with respect to any matter, difference or dispute under this Agreement which is to be referred to an Expert:
(a) The Expert shall be appointed by the Parties, or in default of agreement upon such appointment within seven (7) days of a Party notifying the other Party of its decision to refer the matter to an Expert, the Expert shall be appointed by the President for the time being of the EAA.
(b) The Expert will resolve or settle such matter or dispute in such manner as he shall in his absolute discretion see fit and shall act as expert and not as arbitrator. The Expert shall be requested to reach his decision within thirty (30) days of the matter being referred to him. Any decision of the Expert shall, subject to any provision to the contrary in this Agreement, be final and binding on the Parties.
(c) Unless otherwise determined by the Expert, the costs of the Expert in settling or determining such matter or dispute shall be borne equally by the Parties.
Expert. The language of the Expert procedure shall be English. Any matter to be referred to an
Expert. Where the Agreement provides that any Dispute or other matter shall be referred to an Expert or the Parties otherwise so agree the following provisions shall apply: The Expert shall be an independent person with relevant experience and willing to act, agreed between the Parties, or if not agreed within[__________] days of a request in writing by either Party, appointed by [_______________]; Other than in the case of invoices disputed by Purchaser in accordance with Clause 9.6, for a period of[______________] days after the appointment of the Expert or such other period as the Parties may agree, each Party may make such written submissions as it wishes to the Expert and shall simultaneously provide a copy to the other Party, and at the end of such [______________]day period each Party shall have a period of[_________________] days to make counter-submissions to the Expert (with a copy to the other Party) in reply to the other Party’s written submissions made during the aforementioned [_____________]day period provided that neither Party shall during such[___________] day period make any written counter-submission which purports to reply to, raise or refer to, any new matters not raised or referred to in any submission made during the aforementioned day period; At the end of the day period referred to in paragraph (b) above, and no later than [__________] days thereafter, either Party may, with the consent of the Expert and at a time and place decided by the Expert, make an oral presentation to the Expert in the presence of the other Party commenting on or explaining matters previously submitted to the Expert in writing; The Expert shall render his determination in writing within[_______________] days of the completion of the oral presentation given in accordance with Clause 16.2(c) and give reasonable details of the reasons for his determination; The decision of the Expert shall be final and binding on the Parties save in the event of fraud or manifest error or mistake; The Expert shall act as an expert and not as an arbitrator; The costs of the Expert shall be borne as determined by the Expert or, in default of such determination, equally by the Parties.
16.3 The parties may alter the terms of clause 16 by agreement in writing.
Expert. 18.1 An Expert is a person appointed in accordance with this Clause to resolve any dispute referred to as such in this Agreement.
18.2 The parties shall agree on the appointment of an independent Expert and shall agree with the Expert the terms of his appointment.
18.3 If the parties are unable to agree on an Expert within seven days of either party serving details of a suggested expert on the other, either party shall then be entitled to request the President of the Institute of Chartered Accountants in England and Wales to appoint an Expert chartered accountant of repute and for the President of the Institute of Chartered Accountants in England and Wales to agree with the Expert the terms of his appointment.
18.4 The Expert is required to prepare a written decision and give notice (including a copy) of the decision to the parties within a maximum of 3 (three) months of the matter being referred to the Expert.
18.5 If the Expert dies or becomes unwilling or incapable of acting, or does not deliver the decision within the time required by this clause then:
(a) either party may apply to the President of the Institute of Chartered Accountants in England and Wales to discharge the Expert and to appoint a replacement Expert with the required expertise; and
(b) this clause applies in relation to the new Expert as if he were the first Expert appointed.
18.6 All matters under this clause must be conducted, and the Expert’s decision shall be written, in the English language.
18.7 The parties are entitled to make submissions to the Expert and will provide (or procure that other provide) the Expert with such assistance and documents as the Expert reasonably requires for the purpose of reaching a decision.
18.8 To the extent not provided for by this clause, the Expert may in his reasonable discretion determine such other procedures to assist with the conduct of the determination as he considers just or appropriate, including (to the extent he considers necessary) instructing professional advisers to assist him in reaching his determination.
18.9 Each party shall with reasonable promptness supply each other with all information and give each other access to all documentation and personnel as the other party reasonably requires to make a submission under this clause.
18.10 The Expert shall act as an expert and not as an arbitrator. The Expert shall determine the matter in question which may include any issue involving the interpretation of any provision of this Agreeme...
Expert. If the Customer disputes:
(a) a credit rating assigned to it by Transpower under clause 1(b) of Schedule 7; or
(b) how the weightings of financial ratios are ascribed by Transpower in accordance with paragraph 1 of this appendix, the Customer may by notice to Transpower refer the matter to an expert for determination in accordance with clause 21.6 of Part A2 of this Agreement. The procedure under clause 21.3 of Part A2 of this Agreement will commence from the date Transpower receives the notice referred to above. To: TRANSPOWER NEW ZEALAND LIMITED (“Transpower”) Attention: [name] Dear Sir/Madam
1. [Bank] (“the Bank”) refers to each and every obligation of [Customer’s full name] (“the Principal”) pursuant to the transmission benchmark agreement between Transpower and the Principal dated [ ] (“the Agreement”) to pay amounts the Principal, now or at any time, owes to, and is invoiced by, Transpower together with default interest, if any, in relation to such amounts (“the Obligations”) pursuant to the Agreement.
2. The Bank hereby unconditionally guarantees the payment to Transpower on demand of an amount specified in each such demand provided that:
(a) the aggregate liability of the Bank under this guarantee will not exceed [ ] (the “Maximum Amount”); and
(b) Transpower’s demand is made in writing and is purported to be signed by an authorised signatory; and
(c) a certificate purported to be signed by Transpower’s authorised signatory and certifying that the Principal has failed, in whole or in part, to fulfil the Obligations accompanies Transpower’s demand, which certificate will be conclusive proof of such failure.
3. This guarantee will not be affected, discharged or diminished by any act or omission which would, but for this provision, have exonerated a guarantor but would not have affected or discharged the Bank’s liability had it been a principal debtor.
Expert. (a) Where a Dispute under this document is required to be referred to an Expert for resolution, the Expert will be appointed by the parties.
(b) If the parties cannot agree on the Expert to determine the Dispute, the Expert will be an Expert nominated by:
(i) in the case of financial matters, the President for the time being of the Institute of Chartered Accountants;
(ii) in the case of technical engineering matters, the President for the time being of the Institution of Engineers, Australia; and
(iii) in the case of legal matters, the President for the time being of the Law Institute of Victoria.
(c) The parties must:
(i) take all reasonable steps to have an Expert appointed promptly;
(ii) direct the Expert to make his or her determination quickly; and
(iii) take all reasonable steps to bring about a quick determination by the Expert.
(d) To avoid doubt, a dispute concerning the rate or cost of any Carbon Charge is a financial matter for the purposes of this clause 33.2.
