Expert Decision. (a) Where the parties must in accordance with this Agreement, or have agreed in writing to, refer a dispute to expert decision (Expert Referral Agreement), the following provisions will apply: (i) the expert will be appointed by agreement between the parties. However, if the parties cannot agree on the expert within five Business Days of the Expert Referral Agreement, then an appropriately qualified and experienced expert will be appointed at the written request of either party by the Chair of the Telecommunications Carriers' Forum. The party making this request will use, and where possible ensure that the Chair of the Telecommunications Carriers' Forum uses, best endeavours to ensure that the appointment of the expert occurs no later than 15 Business Days from the date of the Expert Referral Agreement. The party making this request must copy the request to the other party; (ii) to be eligible for appointment, the expert must be independent and impartial, experienced in the relevant area of telecommunications and will preferably be experienced in dispute resolution procedures. Unless the parties agree otherwise, he or she must not have performed any duties, whether as an employee, consultant or contractor, for any of the parties or any related company (as defined in section 2(3) of the Companies Act 1993) during a 12 month period prior to the date the dispute notice was given;
Appears in 3 contracts
Samples: Chorus Ufb Services Agreement, Ufb Services Agreement, Ufb Services Agreement
Expert Decision. (a) Where the parties must in accordance with this Agreement, or have agreed in writing to, refer a dispute to expert decision (Expert Referral Agreement), the following provisions will apply:
(ia) the expert will be appointed by agreement between the parties. However, if the parties cannot agree on the expert within five (5) Business Days of the Expert Referral Agreement, then an appropriately qualified and experienced expert will be appointed at the written request of either party by the Chair of the Telecommunications Carriers' Forum. The party making this request will use, and where possible ensure that the Chair of the Telecommunications Carriers' Forum uses, best endeavours to ensure that the appointment of the expert occurs no later than 15 fifteen (15) Business Days from the date of the Expert Referral Agreement. The party making this request must copy the request to the other party; ;
(iib) to be eligible for appointment, the expert must be independent and impartial, experienced in the relevant area of telecommunications and will preferably be experienced in dispute resolution procedures. Unless the parties agree otherwise, he or she must not have performed any duties, whether as an employee, consultant or contractor, for any of the parties or any related company (as defined in section 2(3) of the Companies Act 1993) during a 12 month period prior to the date the dispute notice was given;
Appears in 3 contracts
Samples: Ultrafast Fibre Ufb Services Agreement, Ufb Services Agreement, Ufb Services Agreement
Expert Decision. (a) Where the parties must in accordance with this Agreement, or have agreed in writing to, refer a dispute to expert decision (Expert Referral Agreement), the following provisions will apply:
(ia) the expert will be appointed by agreement between the parties. However, if the parties cannot agree on the expert within five (5) Business Days of the Expert Referral Agreement, then an appropriately qualified and experienced expert will be appointed at the written request of either party by the Chair of the Telecommunications Carriers' Forum. The party making this request will use, and where possible ensure that the Chair of the Telecommunications Carriers' Forum uses, best endeavours to ensure that the appointment of the expert occurs no later than 15 fifteen (15) Business Days from the date of the Expert Referral Agreement. The party making this request must copy the request to the other party; ;
(iib) to be eligible for appointment, the expert must be independent and impartial, experienced in the relevant area of telecommunications and will preferably be experienced in dispute resolution procedures. Unless the parties agree otherwise, he or she must not have performed any duties, whether as an employee, consultant or contractor, for any of the parties or any related company (as defined in section 2(3) of the Companies Act 1993) during a 12 twelve (12) month period prior to the date the dispute notice was given;
Appears in 1 contract
Samples: Ultrafast Fibre Services Agreement