Expert not arbitrator Clause Samples

Expert not arbitrator. The expert must: (a) act as an expert and not as an arbitrator; and (b) proceed in any manner as the expert thinks fit but must observe the rules of natural justice but not the rules of evidence, not accept oral submissions unless both Parties are present and on receipt of written submissions from one Party ensure that a copy of such submission is given promptly to the other party; (c) take into consideration all documents, information and other material which the Parties give the expert and which the expert in its absolute discretion considers relevant to the determination of the dispute; (d) 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); (e) issue a draft certificate stating the expert's intended determination giving each Party 15 business days to make further submissions; (f) issue a final certificate stating the expert's determination; and (g) act with expedition with a view to issuing the final certificate as soon as practicable.

Expert not arbitrator. The Expert will act as an expert and not as an arbitrator. The Expert will determine any dispute arising in connection with the provisions of this Exhibit D, its jurisdiction to determine the matters and issues referred to it, or its terms of reference. The Expert’s written decision on the matters referred to it will be final and binding in the absence of manifest error or fraud.

Expert not arbitrator. The consultant who has been agreed upon or appointed shall act as an expert and not as an arbitrator and his decision (including any decision as to costs) shall be final and binding upon the Joint Venturers in the absence of manifest error on the part of the consultant.

Expert not arbitrator. Any person nominated or appointed as an expert under this clause 24 (“Dispute resolution”) is an expert and not an arbitrator. The parties agree that the law relating to arbitration (including, the Commercial Arbitration Act 2013 (Qld)) does not apply to the expert or the expert's determination or the procedures by which the expert may reach in his or her determination.

Expert not arbitrator. The Expert shall act pursuant to the provisions of article 1592 of the French Code civil and not as arbitrator. The Expert will determine any dispute arising in connection with the provisions of this schedule, its jurisdiction to determine the matters and issues referred to it, or its terms of reference. The Expert's written decision on the matters referred to it will be final and binding in the absence of manifest error or fraud.

Expert not arbitrator. The Expert shall act as an expert in determining the matter referred to him and not as an arbitrator and any law relating to arbitration shall not apply to such Expert or its determination or the procedure by which the Expert makes its determination.

Expert not arbitrator. The Independent Expert will act as a third party expert charged with giving a binding determination and not as an arbitrator, and the Independent Expert’s decision will be final and binding on the JV Shareholders.