Expert Determination. If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation, then either Party may request (which request will not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the relevant professional body. The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days of the Expert's determination being notified to the Parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.
Expert Determination. If the dispute is not resolved under clause 11.3 or 11.5 the dispute may, by agreement between the Parties, both acting reasonably having regard to the nature of the dispute, be resolved by expert determination, in which event:
(i) The dispute must be determined by an independent expert in the relevant field:
(a) Xxxxxx upon and appointed jointly by the Council and the Developer; or
(b) In the event that no agreement is reached or appointment made within 30 business days, appointed on application of a Party by the then current President of the Law Society of New South Wales;
(ii) The expert must be appointed in writing and terms of the appointment must not be inconsistent with this clause;
(iii) The determination of the dispute by such expert will be made as an expert and not as an arbitrator and will be in writing and containing reasons for the determination;
(iv) The expert will determine the rules of the conduct for the process, but must conduct the process in accordance with the rules of natural justice;
(v) Each Party will bear its own costs in connection with the process and the determination by the expert together with an equal proportion of the expert’s fees and costs; and
(vi) Any determination made by an expert pursuant to this clause is final and binding upon the Parties except where the determination is in respect of, or relates to, termination or purported termination of this Agreement by any Party, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence litigation in relation to the dispute if it has not been resolved within 20 business days of the expert giving his or her decision.
Expert Determination. 19.2.1 In the event of a Dispute between the Parties regarding any technical matter, including matters relating to metering and measurement, the Parties hereby agree that, upon the request of either Party, such Dispute shall be submitted to an Expert pursuant to this Clause 19.2.
19.2.2 The Party desiring the Expert appointment to be made shall notify the other Party in writing, specifying details of the matter proposed to be resolved.
19.2.3 The Parties shall meet in an effort to agree upon a single Expert to whom the matter in dispute shall be referred for determination. If within twenty-one (21) days from the service of such notice the Parties have either failed to meet or failed to agree upon an Expert, then the matter may be referred forthwith by the Party desiring the appointment to be made to the DIS which shall be requested to appoint the Expert within thirty (30) days and in so doing may take such independent advice as it deems fit.
19.2.4 Upon an Expert being agreed or selected, the Parties shall forthwith notify such Expert of his selection and shall request him within fourteen (14) days to state whether or not he is willing and able to accept the appointment.
19.2.5 If such Expert is unwilling or unable to accept such appointment or has not stated his willingness and ability to accept such appointment within the fourteen (14) day period, then (unless the Parties are able to agree upon the appointment of another Expert) the matter shall again be referred (by either Party) in the aforesaid manner to the DIS which shall be requested to make a further appointment and the process shall be repeated until an Expert is found who accepts appointment.
19.2.6 No Person shall be appointed to act as the Expert under this Clause 19.2 unless qualified by education, experience and training to determine the matter in dispute.
19.2.7 Any Person appointed as the Expert shall be entitled to act as such Expert, provided before accepting such appointment he fully discloses to the Parties any interest or duty and any conflict of interest or potential conflict of interest, including all particulars thereof. If such disclosure has been made, either Party may require within five (5) Business Days from such disclosure removal of the Expert, stating the reasons for such removal, and such Expert shall be replaced in accordance with this Clause 19.2.
19.2.8 If, at any time prior to the Expert rendering a decision on any matter, a conflict or potential conflict of interest a...
Expert Determination. Unless otherwise agreed between the parties, to the extent the dispute or difference is in relation to a direction of the Contract Administrator under one of the clauses specified in the Contract Particulars and is not resolved within 14 days after a notice is given under clause 15.1, the dispute or difference must be submitted to expert determination. The expert determination under clause 15.2 is to be conducted by: the independent industry expert specified in the Contract Particulars; or where no such independent industry expert is specified or paragraph (b) applies, an independent industry expert appointed by the person specified in the Contract Particulars. If the expert appointed under clause 15.3: is unavailable; declines to act; does not respond within 14 days to a request by one or both parties for advice as to whether he or she is able to conduct the determination; does not enter into the Expert Determination Agreement or other agreement in accordance with clause 15.9(b) within 14 days of his or her appointment under clause 15.3; or does not make a determination within the time required by clause 15.8, the jurisdiction of the expert shall lapse and a further expert must be appointed under paragraph (a). If there has been an appointment under paragraph (a) and one of the events in paragraph (b) has occurred, the further expert appointed under paragraph (a) shall not be an expert previously appointed under paragraph (a) in respect of the same dispute or difference. An expert determination conducted under clause 15 is not an arbitration and the expert is not an arbitrator. The expert may reach a decision from his or her own knowledge and expertise. The expert will: act as an expert and not as an arbitrator; proceed in any manner he or she thinks fit; conduct any investigation which he or she considers necessary to resolve the dispute or difference; examine such documents, and interview such persons, as he or she may require; and make such directions for the conduct of the determination as he or she considers necessary. The expert must: disclose to the parties any: interest he or she has in the outcome of the determination; conflict of interest; conflict of duty; personal relationship which the expert has with either party, or either party's representatives, witnesses or experts; and other fact, matter or thing which a reasonable person may regard as giving rise to the possibility of bias; and not communicate with one party to the determination withou...
Expert Determination. If a Dispute is referred under this agreement to proceed to expert determination, then the following provisions apply:
(a) the parties may agree upon the appointment of an expert in relation to that Dispute and, failing such agreement within 10 Business Days of the Dispute being referred to expert determination, such person as appointed by the President of IAMA will act as an expert in relation to the Dispute (“Expert”);
(b) the Expert may initiate such enquiries and investigations as it considers necessary or desirable for the purpose of performing its functions and the parties must co-operate with any such enquiries and investigations;
(c) unless the parties agree otherwise, they must procure the Expert to use reasonable endeavours to make its determination or finding in respect of the Dispute within 30 Business Days of their appointment and the parties must co-operate with the expert for this purpose;
(d) any determination made by the Expert is binding on the parties (other than for manifest error);
(e) the parties agree that the expert determination will be conducted in accordance with the Expert Determination Rules of IAMA, except that to the extent of any inconsistency between those rules and this agreement, the terms of this agreement shall prevail.
Expert Determination. If the dispute is not resolved under clause 10.3 or clause 10.5, or the parties otherwise agree that the dispute may be resolved by expert determination, the parties may refer the dispute to an expert, in which event:
(a) The dispute must be determined by an independent expert in the relevant field:
(x) Xxxxxx upon and appointed jointly by the parties; and
(ii) In the event that no agreement is reached or no appointment is made within [x] Business Days of the agreement to refer the dispute to an expert, appointed on application of a party by the then President of the Law Society of New South Wales;
(b) The expert must be appointed in writing and the terms of the appointment must not be inconsistent with this clause;
(c) The determination of the dispute by such an expert will be made as an expert and not as an arbitrator and will be in writing and contain the reasons for the determination;
(d) The expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rules of natural justice;
(e) Each party will bear its own costs in connection with the process and the determination by the expert and will share equally the expert’s fees and costs; and
(f) Any determination made by an expert pursuant to this clause is final and binding upon the parties except unless:
(i) Within [x] Business Days of receiving the determination, a party gives written notice to the other party that it does not agree with the determination and commences litigation; or
(ii) The determination is in respect of, or relates to, termination or purported termination of this agreement by any party, in which event the expert is deemed to be giving a non-binding appraisal.
Expert Determination. 10.1 All disputes or differences which shall at anytime hereafter arise between EGT and the User in respect of the construction or effect of this Agreement or the rights duties and liabilities of the Parties hereunder or any matter or event connected with or arising out of this Agreement (a "Relevant Event") shall be referred to a director (or his nominee) of each of the Parties within 5 business days of the Relevant Event arising and they shall endeavour to reach a mutually acceptable solution. In the event that a Relevant Event cannot be settled by the directors (or their nominees) within 5 business days of it being referred to the Parties' directors then if both the Parties so decide the provision of Clause 10.2 shall apply.
10.2 If both Parties agree to refer an issue to an Expert and the Parties fail to nominate or agree such Expert within 10 days, then the Expert may be nominated at the request of either Party by the President or other duly appointed officer of such UK professional body as the parties may agree or in the absence of agreement:
10.2.1 in the case of a dispute as to the interpretation or construction of this Agreement, by the President or other authorised officer of the Law Society of England and Wales;
10.2.2 in the case of a dispute as to the sum payable under this Agreement by the President or other authorised officer of the Institute of Chartered Accountants in England and Wales; and
10.2.3 in the case of all other disputes concerning the operation and maintenance of the Network or the provision of the Services, by the President or other authorised officer of the Institution of Electrical Engineers or equivalent as appropriate in the circumstances.
10.3 Each of the Parties shall be entitled to provide the Expert with such information and such written representation as may be necessary to assist in the determination of the dispute in question provided such information and/or representations are made within 30 days of the date of the referral.
10.4 The Expert shall be entitled to seek expert evidence at his discretion as to the circumstances relating to the dispute between the Parties and the most expeditious method of its resolution.
10.5 The Expert shall be required by the Parties to reach a determination of the issues referred to him as soon as is reasonably practicable and unless the Parties otherwise agree within 45 days of his appointment.
Expert Determination. Unless Sub-clause (a) applies or Sub-clause (c) applies, in the event that a dispute arises under this Contract either Party may require by notice in writing to the other Party that such dispute be referred to an independent third party (an “Expert”) as the Parties jointly nominate in writing, subject to the following procedure:
(i) if the Parties fail to nominate an Expert within seven (7) days of the date of the notice referred to in this Sub-clause (b), the dispute shall be resolved in accordance with Sub-clause (c) below;
(ii) the Expert shall act as an expert and not as an arbitrator and his decision shall be final and binding upon the Parties;
(iii) the Expert’s determination shall be conducted in accordance with the following rules, unless otherwise agreed by the Parties:
(1) the Parties may make written representations within seven (7) days of the Expert’s appointment and shall copy in full such written representations to the other Party within such time period;
(2) the Parties shall have a further seven (7) days to make written comments on each other’s representations and shall copy in full such written comments to the other Party within such time period;
(3) the Expert may call for such other documents and written evidence from the Parties as the Expert may reasonably require and the Parties shall provide such documents and written evidence within the period specified by the Expert. The Parties shall copy, in full, such documents and written evidence to the other Party within such time period provided that if either Party claims any such information is confidential to it then, provided in the reasonable opinion of the Expert that Party has properly claimed the same as confidential, the Expert shall not disclose the same to the other Party or to any third party;
(4) the Expert shall decide whether or not to take oral representations from or on behalf of either Party, but if he does so he shall give the other Party the opportunity to be present;
(5) the Expert shall have regard to all representations and evidence before him when making his decision, which shall be in writing, and give full reasons for his decision; and
(6) the Expert shall use all reasonable endeavours to publish his decision within twenty-eight (28) days of his appointment.
(iv) Unless the Parties agree otherwise, each Party shall bear its own costs of a reference to the Expert, and fees and expenses of the Expert shall be borne equally between the Parties.
Expert Determination. For any determination referred to an Expert under this Agreement, the Parties hereby agree that such determination shall be conducted expeditiously by an Expert selected unanimously by the parties to the Dispute. The Expert is not an arbitrator of the Dispute and shall not be deemed to be acting in an arbitral capacity. The Expert shall not (without the written consent of the parties to the Dispute) be appointed to act as an arbitrator or as adviser to any party to a Dispute arbitrated pursuant to Article 20.3(C), provided that nothing in this sentence shall preclude any party to such a Dispute from using the Expert as a witness regarding the proper conduct of the expert procedure. The Party desiring an Expert determination shall give the other parties to the Dispute written notice of the request for such determination. If the parties to the Dispute are unable to agree upon an Expert within ten (10) Days after receipt of the notice of request for an Expert determination, then, upon the request of any of the parties to the Dispute, the International Centre for Expertise of the ICC shall appoint such Expert. The Expert, once appointed, shall have no ex parte communications with any of the parties to the Dispute concerning the Expert determination or the underlying Dispute. All communications between any Party and the Expert shall be conducted in writing, with copies sent simultaneously to the other parties to the Dispute in the same manner, or at a meeting to which representatives of all parties to the Dispute have been invited and of which such parties have been provided at least five (5) Business Days notice. Within thirty (30) Days after the Expert’s acceptance of its appointment, the Party or Parties who referred the matter for resolution under this Article shall provide the Expert with a report containing its or their proposal for the resolution of the matter and the reasons therefor, accompanied by all relevant supporting information and data. Within the same thirty (30) Day period, the respondent Party or Parties shall provide the Expert with a report explaining their proposal and the reasons therefor, accompanied by all relevant supporting information and data. Within sixty (60) Days of receipt of the above-described materials and after receipt of additional information or data as may be required by the Expert, the Expert shall make a determination, which determination shall be consistent with the terms of this Agreement, with respect to each issue s...
Expert Determination. If a Dispute relates to any aspect of the technology underlying the provision of the Services or otherwise relates to a technical matter of an IT, accounting or financing nature and the Dispute has not been resolved by commercial negotiation in accordance with Paragraph 4 or, if applicable, mediation in accordance with Paragraph 5, then either Party may by written notice to the other request (agreement to which request shall not be unreasonably withheld or delayed) that the Dispute be referred to an expert for determination. The expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within 10 Working Days of the relevant request made pursuant to Paragraph 6.1, or if the person appointed is unable or unwilling to act, the expert shall be appointed: if the Dispute relates to any aspect of the technology underlying the provision of the Services or a matter of an IT technical nature, on the instructions of the President of the British Computer Society (or any other association that has replaced the British Computer Society); if the Dispute relates to a matter of a financial technical nature, on the instructions of the President of the Institute of Chartered Accountants of England and Wales; or if the Dispute relates to a matter of a technical nature not falling within Paragraphs 6.2(a) or (b), on the instructions of the president (or equivalent) of: an appropriate body agreed between the Parties; or if the Parties do not reach agreement on the relevant body within 15 Working Days of the relevant request made pursuant to Paragraph 6.1, such body as may be specified by the President of the Law Society on application by either Party. The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within 30 Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within 20 Working Days of the Expert's determination being not...
