Common use of Selection of Expert Clause in Contracts

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. 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 relevantrelevant ) (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. 33.4.1 20.3.1 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 Agency of the Bar. 33.4.2 20.3.2 If the Dispute relates to demolition building or construction works it will be referred to a Member of the Royal Institute of British Architects 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 Royal Institute of British Architects. 20.3.3 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 20.3.4 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 quest of the Parties by or on behalf of the President for the time being of the Royal Institution of Chartered Surveyors. 33.4.4 20.3.5 If the Dispute relates to engineering design or otherwise to matters usually and properly within the knowledge of a chartered civil, electrical or mechanical civil engineer it shall be referred to a chartered civil, electrical or mechanical civil 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 Institution 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 20.3.6 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 Agency of the Bar to decide the nature of the Expert.