Expert Decision, Costs. 3.1 The decision of the Expert regarding a matter referred to Expert Determination shall be binding on the Parties and shall be final (save in the case of fraud or manifest error). 3.2 The Expert shall be deemed not to be an arbitrator but shall render his decision as an expert and the law relating to arbitration shall not apply to the Expert or his determination or the procedure by which he reaches his decision. 3.3 Each Party shall bear the costs of providing all data, information and submissions given by it to the Expert, and the costs and expenses of all counsel, witnesses and employees retained by it, but the cost and expenses of the Expert and any independent advisors to the Expert, and any costs of his appointment if he is appointed by the Appointer, shall be borne equally by the Parties (unless the Expert shall make any award of such costs and expenses which award, if made, shall be part of the Expert’s decision).
Appears in 8 contracts
Samples: Storage Services Agreement, Storage Services Agreement, Storage Services Agreement
