Common use of Selection of Expert Clause in Contracts

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. (a) (Exchange of lists of 3 preferred experts): Within 7 Business Days after the date on which the parties agree to refer a dispute to an expert for determination under clause 9.329.3, the parties must exchange lists of 3 persons (in order of preference) who, if appointed, would satisfy the requirements of clause 9.4(d29.4(d), from whom the expert is to be chosen. (b) (Appointment of person who appears on both lists): Any person that appears on both lists under clause 9.4(a29.4(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(a29.2(a) will be appointed. (c) (Appointment if no person appears on both lists): If no person appears on both lists, the party which gave the notice under clause 9.2(a29.2(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(a29.4(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(a29.4(a). (d) (Appropriate skills): 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) (No entitlement to challenge appointment): Neither party will be entitled to challenge the appointment of an expert under this clause 9.4 29.4 on the basis that the expert does not satisfy the requirements of clause 9.4(d29.4(d). (f) (Not an arbitration agreement): Any agreement for expert determination under this Deed the relevant Services and Works Agreement will not constitute an arbitration agreement for the purposes of the Commercial Arbitration Act 2011 (Vic). (g) (Agreement): 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. (a) (Exchange of lists of 3 preferred experts): Within 7 Business Days after the date on which the parties Disputing Parties agree to refer a dispute to an expert for determination under clause 9.3, the parties 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. (b) Any (Appointment of person that who appears on both lists lists): Any person who appears on the list of all of the Disputing Parties exchanged 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 list of all of the Disputing Parties, the person given the highest order of priority by the party that who gave the notice under clause 9.2(a) will be appointed. (c) If (Appointment if no person appears on both lists): If no person appears on the list of all of the Disputing Parties and the Disputing Parties cannot otherwise agree an expert, the party which gave the notice under clause 9.2(a) must procure: (i) the president (or the senior non-executive officer, xxxxxxxxx howsoever 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 Disputing 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 Disputing Parties under clause 9.4(a). (d) (Appropriate skills): 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 (No entitlement to challenge appointment): No Disputing 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) (Not an arbitration agreement): 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) (Agreement): Once an expert is appointed, the parties Disputing 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. (a) Within 7 Business Days after the date on which the parties agree to refer a dispute Dispute to an expert for determination under clause 9.35.3, the parties must exchange lists of 3 persons (in order of preference) who, if appointed, would satisfy the requirements of clause 9.4(d5.4(d), from whom the expert is to be chosen. (b) Any person that appears on both lists under clause 9.4(a5.4(a) will be appointed as the expert to determine a dispute 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(a5.2(a) will be appointed. (c) If no person appears on both lists, the party which gave the notice under clause 9.2(a5.2 (a) must procure: (i) the president (or the senior non-executive officer, xxxxxxxxx howsoever described) of the institute or governing body for the technical or professional discipline the subject of the relevant dispute Dispute to nominate the expert, having regard to, but not being bound by, those persons proposed by the parties under clause 9.4(a5.4(a); or (ii) if there is no governing body for the technical or professional discipline the subject of the relevant dispute 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(a5.4(a). (d) It is the intention of the parties that the expert appointed to determine a dispute Dispute will be an independent person with appropriate skills having regard to the nature of the matters in disputeDispute. (e) Neither party will be entitled to challenge the appointment of an expert under this clause 9.4 5.4 on the basis that the expert does not satisfy the requirements of clause 9.4(d5.4(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. ‌ (a) (Exchange of lists of 3 preferred experts): Within 7 Business Days after the date on which the parties Parties agree to refer a dispute to an expert for determination under clause 9.315.3, the parties Parties must exchange lists of 3 persons (in order of preference) who, if appointed, would satisfy the requirements of clause 9.4(d15.4(d), from whom the expert is to be chosen.chosen.‌ (b) (Appointment of person who appears on both lists): Any person that appears on both lists under clause 9.4(a15.4(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(a15.2(a) will be appointed. (c) (Appointment if no person appears on both lists): If no person appears on both lists, the party which gave the notice under clause 9.2(a15.2 (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 Parties under clause 9.4(a15.4(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 Parties under clause 9.4(a15.4(a). (d) (Appropriate skills): It is the intention of the parties 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.dispute.‌ (e) (No entitlement to challenge appointment): Neither party Party will be entitled to challenge the appointment of an expert under this clause 9.4 15.4 on the basis that the expert does not satisfy the requirements of clause 9.4(d15.4(d). (f) (Not an arbitration agreement): Any agreement for expert determination under this Deed Agreement will not constitute an arbitration agreement for the purposes of the Commercial Arbitration Act 2011 (Vic). (g) (Agreement): Once an expert is appointed, the parties 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. ‌ (a) (Exchange of lists of 3 preferred experts): Within 7 Business Days after the date on which the parties agree to refer a dispute Dispute to an expert for determination under clause 9.310.3, the parties LMA and Project Co must exchange lists of 3 persons (in order of preference) who, if appointed, would satisfy the requirements of clause 9.4(d10.4(d), from whom the expert is to be chosen.chosen.‌ (b) (Appointment of person who appears on both lists): Any person that appears on both lists under clause 9.4(a10.4(a) will be appointed as the expert to determine a dispute 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(a10.2(a) will be appointed. (c) (Appointment if no person appears on both lists): If no person appears on both lists, the party which gave the notice under clause 9.2(a10.2 (a) must procure: (i) the president (or the senior non-executive officer, xxxxxxxxx howsoever described) of the institute or governing body for the technical or professional discipline the subject of the relevant dispute Dispute to nominate the expert, having regard to, but not being bound by, those persons proposed by the parties under clause 9.4(a10.4(a); or (ii) if there is no governing body for the technical or professional discipline the subject of the relevant dispute 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(a10.4(a). (d) (Appropriate skills): It is the intention of the parties that the expert appointed to determine a dispute will Dispute must be an independent person with appropriate skills having regard to the nature of the matters in dispute.dispute.‌ (e) (No entitlement to challenge appointment): Neither party will be entitled to challenge the appointment of an expert under this clause 9.4 10.4 on the basis that the expert does not satisfy the requirements of clause 9.4(d10.4(d). (f) (Not an arbitration agreement): Any agreement for expert determination under this Deed Maintenance Licence will not constitute an arbitration agreement for the purposes of the Commercial Arbitration Act 2011 (Vic). (g) (Agreement): Once an expert is appointed, the parties LMA and Project Co 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.