Common use of Referral to Expert Clause in Contracts

Referral to Expert. 28.3.1 If there has been no resolution of the Dispute within twenty (20) days of the referral to Chief Executives either the Disputing Member or Homes England may give to the other written notice referring the dispute to a suitably qualified independent Expert for determination in accordance with this clause 28.3 (Referral to Expert). 28.3.2 The Expert shall be required to prepare a written decision and give notice (including a copy) of the decision to the Disputing Member and Homes England within a maximum of three (3) months of the matter being referred to the Expert. 28.3.3 If the Expert dies or becomes unwilling or incapable of acting, or does not deliver the decision within the time required by this clause 28.3 (Referral to Expert) then: (a) either the Disputing Member or Homes England may apply to the Relevant Body to discharge the Expert and to appoint a replacement Expert with the required expertise; and (b) this clause 28.3 (Referral to Expert) shall apply in relation to the new Expert as if they were the first Expert appointed. 28.3.4 All matters under this clause 28.3 (Referral to Expert) must be conducted, and the Expert's decision shall be written, in the English language. 28.3.5 The Disputing Member and Homes England shall be entitled to make submissions to the Expert (including oral submissions) and shall provide (or procure the provision to) the Expert with such assistance and documents as the Expert reasonably requires for the purpose of reaching a decision. 28.3.6 To the extent not provided for by this clause 28.3 (Referral to Expert), the Expert may in their reasonable discretion determine such other procedures to assist with the conduct of the determination as they consider just or appropriate, including (to the extent they consider necessary) instructing professional advisers to assist them in reaching their determination.

Referral to Expert. 28.3.1 34.3.1 If there has been no resolution of the Dispute within twenty (20) days of the referral to Chief Executives either the Disputing Member or Homes England may give to the other written notice referring the dispute to a suitably qualified independent Expert for determination in accordance with this clause 28.3 Clause 34.3 (Referral to Expert). 28.3.2 34.3.2 The Expert shall be required to prepare a written decision and give notice (including a copy) of the decision to the Disputing Member and Homes England within a maximum of three (3) months of the matter being referred to the Expert. 28.3.3 34.3.3 If the Expert dies or becomes unwilling or incapable of acting, or does not deliver the decision within the time required by this clause 28.3 Clause 34.3 (Referral to Expert) then: (a) either the Disputing Member or Homes England may apply to the Relevant Body to discharge the Expert and to appoint a replacement Expert with the required expertise; and (b) this clause 28.3 Clause 34.3 (Referral to Expert) shall apply in relation to the new Expert as if they were the first Expert appointed. 28.3.4 34.3.4 All matters under this clause 28.3 Clause 34.3 (Referral to Expert) must be conducted, and the Expert's ’s decision shall be written, in the English language. 28.3.5 34.3.5 The Disputing Member and Homes England shall be entitled to make submissions to the Expert (including oral submissions) and shall provide (or procure the provision to) the Expert with such assistance and documents as the Expert reasonably requires for the purpose of reaching a decision. 28.3.6 34.3.6 To the extent not provided for by this clause 28.3 Clause 34.3 (Referral to Expert), the Expert may in their reasonable discretion determine such other procedures to assist with the conduct of the determination as they consider just or appropriate, including (to the extent they consider necessary) instructing professional advisers to assist them in reaching their determination.

Referral to Expert. 28.3.1 If there has been no resolution of the Dispute within twenty (20) days of the referral to Chief Executives either the Disputing Member or Homes England may give to the other written notice referring the dispute to a suitably qualified independent Expert for determination in accordance with this clause 28.3 (Referral to Expert). 28.3.2 The Expert shall be required to prepare a written decision and give notice (including a copy) of the decision to the Disputing Member and Homes England within a maximum of three (3) months of the matter being referred to the Expert. 28.3.3 If the Expert dies or becomes unwilling or incapable of acting, or does not deliver the decision within the time required by this clause 28.3 (Referral to Expert) then: (a) either the Disputing Member or Homes England may apply to the Relevant Body to discharge the Expert and to appoint a replacement Expert with the required expertise; and (b) this clause 28.3 (Referral to Expert) shall apply in relation to the new Expert as if they were the first Expert appointed. 28.3.4 All matters under this clause 28.3 (Referral to Expert) must be conducted, and the Expert's decision shall be written, in the English language. 28.3.5 The Disputing Member and Homes England shall be entitled to make submissions to the Expert (including oral submissions) and shall provide (or procure the provision to) the Expert with such assistance and documents as the Expert reasonably requires for the purpose of reaching a decision. 28.3.6 To the extent not provided for by this clause 28.3 (Referral to Expert), the Expert may in their reasonable discretion determine such other procedures to assist with the conduct of the determination as they consider just or appropriate, including (to the extent they consider necessary) instructing professional advisers to assist them in reaching their determination. 28.3.7 The Disputing Member and Homes England shall (with reasonable promptness) supply each other with all information and give each other access to all documentation and personnel as the other reasonably requires to make a submission under this clause 28.3 (Referral to Expert). 28.3.8 The Expert shall act as an expert and not as an arbitrator. The Expert shall determine the matter in dispute (which may include any issue involving the interpretation of any provision of this Agreement, their jurisdiction to determine the matters and issues referred to them or their terms of reference). The Expert's written decision on the matters referred to them shall be final and binding on the parties in the absence of manifest error or fraud. 28.3.9 The Disputing Member and Homes England shall bear its own costs in relation to the reference to the Expert. The Expert's fees and any costs properly incurred by them in arriving at their determination (including any fees and costs of any advisers appointed by the Expert) shall be borne by the Disputing Member and Homes England equally or in such other proportions as the Expert shall direct.

Referral to Expert. 28.3.1 If there has been no resolution of the Dispute within twenty (20) days of the referral to Chief Executives either the Disputing Member or Homes England may give to the other written notice referring the dispute to a suitably qualified independent Expert for determination in accordance with this clause 28.3 (Referral to Expert). 28.3.2 The Expert shall be required to prepare a written decision and give notice (including a copy) of the decision to the Disputing Member and Homes England within a maximum of three (3) months of the matter being referred to the Expert. 28.3.3 If the Expert dies or becomes unwilling or incapable of acting, or does not deliver the decision within the time required by this clause 28.3 (Referral to Expert) then: (a) 28.3.3.1 either the Disputing Member or Homes England may apply to the Relevant Body to discharge the Expert and to appoint a replacement Expert with the required expertise; and (b) 28.3.3.2 this clause 28.3 (Referral to Expert) shall apply in relation to the new Expert as if they were the first Expert appointed. 28.3.4 All matters under this clause 28.3 (Referral to Expert) must be conducted, and the Expert's decision shall be written, in the English language. 28.3.5 The Disputing Member and Homes England shall be entitled to make submissions to the Expert (including oral submissions) and shall provide (or procure the provision to) the Expert with such assistance and documents as the Expert reasonably requires for the purpose of reaching a decision. 28.3.6 To the extent not provided for by this clause 28.3 (Referral to Expert), the Expert may in their reasonable discretion determine such other procedures to assist with the conduct of the determination as they consider just or appropriate, including (to the extent they consider necessary) instructing professional advisers to assist them in reaching their determination.