Selection of Expert. (a) Within 7 Business Days after the date on which the parties agree to refer a dispute to an expert for determination under clause 9.3, the parties must exchange lists of 3 persons (in order of preference) who, if appointed, would satisfy the requirements of clause 9.4(d), from whom the expert is to be chosen.
(b) Any person that appears on both lists under clause 9.4(a) will be appointed as the expert to determine a dispute and if more than one person appears on both lists the person given the highest order of priority by the party that gave the notice under clause 9.2(a) will be appointed.
(c) If no person appears on both lists, the party which gave the notice under clause 9.2(a) must procure:
(i) the president (or the senior non-executive officer, xxxxxxxxx described) of the institute or governing body for the technical or professional discipline the subject of the relevant dispute to nominate the expert, having regard to, but not being bound by, those persons proposed by the parties under clause 9.4(a); or
(ii) if there is no governing body for the technical or professional discipline the subject of the relevant dispute or such governing body advises that it will not nominate an expert, the President of the Australian Centre for International Commercial Arbitration to nominate a person to act as the expert, having regard to, but not being bound by, those persons proposed by the parties under clause 9.4(a).
(d) It is the intention of the parties that the expert appointed to determine a dispute will be an independent person with appropriate skills having regard to the nature of the matters in dispute.
(e) Neither party will be entitled to challenge the appointment of an expert under this clause 9.4 on the basis that the expert does not satisfy the requirements of clause 9.4(d).
(f) Any agreement for expert determination under this Deed will not constitute an arbitration agreement for the purposes of the Commercial Arbitration Act 2011 (Vic).
(g) Once an expert is appointed, the parties must enter into an agreement with the expert on the terms of the Expert Determination Agreement or such other reasonable terms as the expert may require.
Selection of Expert. 33.4.1 If the Dispute relates to the rights and liabilities of either Party or to the terms or conditions to be embodied in any deed or document it will be referred to Leading Counsel agreed upon by the Parties but in default of agreement appointed at the request of either of the Parties by or on behalf of the chairman for the time being of the General Council of the Bar.
33.4.2 If the Dispute relates to methods of accounting or otherwise to matters usually and properly within the knowledge of a chartered accountant it will be referred to a chartered accountant agreed upon by the Parties but in default of agreement appointed at the request of any of the parties by or on behalf of the President for the time being of the Institute of Chartered Accountants in England and Wales.
33.4.3 If the Dispute relates to matters usually and properly within the knowledge of a chartered surveyor it will be referred to an independent chartered surveyor agreed upon by the Parties but in default of agreement appointed at the request of the Parties by or on behalf of the President for the time being of the Royal Institution of Chartered Surveyors.
33.4.4 If the Dispute relates to engineering design or otherwise to matters usually and properly within the knowledge of a chartered civil, electrical or mechanical engineer it shall be referred to a chartered civil, electrical or mechanical engineer agreed upon by the Parties but in default of agreement appointed at the request of either of the Parties by or on behalf of the President for the time being of the Institute of Civil Engineers, Institution of Electrical Engineers or the Institution of Mechanical Engineers (as relevant) (and in default of agreement as to which it should be referred to, the President for the time being of the Institution of Mechanical Engineers can be requested by either party to determine this, prior to an appointment having been made).
33.4.5 If the Parties fail to agree as to the nature of the Dispute then it shall be referred to Leading Counsel agreed upon by them but in default of agreement appointed at the request of either of the parties by or on behalf of the Chairman for the time being of the General Council of the Bar to decide the nature of the Expert.
Selection of Expert. (a) (Exchange of lists of 3 preferred experts): Within 7 Business Days after the date on which the Disputing Parties agree to refer a dispute to an expert for determination under clause 9.3, the Disputing Parties must exchange lists of 3 persons (in order of preference) who, if appointed, would satisfy the requirements of clause 9.4(d), from whom the expert is to be chosen.
Selection of Expert. (a) If the Parties cannot agree on the selection of an expert within 10 Business Days of the escalation of a dispute to a binding expert determination, either Party may apply to the president of the ACDC requesting the appointment of an expert.
(b) Unless agreed otherwise, any expert that is appointed must:
(i) have an understanding of the broadcasting industry (or be able to acquire such an understanding quickly);
(ii) need not be a citizen or resident of Australia;
(iii) have at least 10 years experience in the broadcasting industry or as an adjudicator of similar disputes; and
(iv) be independent of the Parties and free of conflicts of interest.
Selection of Expert. (a) If the Parties cannot agree on the selection of an expert within 10 Business Days of the escalation of a dispute to a binding expert determination, either Party may apply to the president of the ACDC requesting the appointment of an expert.
(b) Unless agreed otherwise, any expert that is appointed must:
Selection of Expert. Seller and Purchaser shall act in good faith to promptly execute such engagement letters and other documents as shall be necessary to engage the Environmental Expert within five Business Days after the Closing (or in the case of a Termination Dispute Notice, within five Business Days after the delivery by Seller of such Termination Dispute Notice). After the Environmental Expert has been engaged, if the Environmental Expert withdraws after a challenge, dies, or otherwise resigns or is removed, then such Environmental Expert shall be replaced within five Business Days thereafter by Purchaser and Seller in accordance with this Section 6.9, and the time periods in this Section 6.9 shall be extended as necessary or appropriate. The fees and expenses of the Environmental Expert shall be paid 50% by Seller and 50% by Purchaser.
Selection of Expert. Seller and Purchaser shall act in good faith to promptly execute such engagement letters and other documents as shall be necessary to engage the Title Expert within five Business Days after the Final Settlement Date (or in the case of a Termination Dispute Notice, within five Business Days after the delivery by Seller of such Termination Dispute Notice). After the Title Expert has been engaged, if the Title Expert withdraws after a challenge, dies, or otherwise resigns or is removed, then such Title Expert shall be replaced within five Business Days thereafter by Purchaser and Seller in accordance with this Section 5.10, and the time periods in this Section 5.10 shall be extended as necessary or appropriate. The fees and expenses of the Title Expert shall be paid 50% by Seller and 50% by Purchaser.
Selection of Expert. 16.4 Rules of Expert Determination 16.5 Expert's Finding 16.6 Release
Selection of Expert. The party initiating the arbitration shall give written notice to the other party setting out the items to be arbitrated. Within five business days, the parties shall agree upon a mutually-acceptable Expert. If the parties are unable to agree upon an Expert, the initiating party shall submit the matter to the Chairman of the International Society of Hospitality Consultants ("ISHC"), who shall designate an individual as the Expert.
Selection of Expert. (a) A Dispute required to be referred to and resolved by expert determination will be determined by an independent expert:
(1) agreed between the parties; or
(2) if not agreed within 10 Business Days of the Expert Determination Notice, appointed by the President of the Institution of Chemical Engineers in United Kingdom.
(b) The expert determination process is to be administered in accordance with clause 32.9.
