Examples of Adjustment Dispute in a sentence
In the event of any disagreement between the Parties regarding the adjustment to the Cost Overrun and Cost Saving values pursuant to Exhibit X, the Parties agree in writing to submit such disagreement (an “Adjustment Dispute”) to an expert (the “Expert”) as provided in this Section 36.3. The Expert is not an arbitrator of the Adjustment Dispute and shall not be deemed to be acting in an arbitral capacity.
Before issuing a final decision, the Expert shall issue a draft report and allow the Parties to the Adjustment Dispute to comment on it.
The Parties to the Adjustment Dispute shall cooperate fully in the expeditious conduct of such expert determination and provide the Expert with access to all facilities, books, records, documents, information and personnel necessary to make a fully informed decision in an expeditious manner.
If the Parties to the Adjustment Dispute do not agree in writing upon an Expert within ten (10) days after receipt of the notice of request for an expert determination, then, upon the request of any of the Parties to the Adjustment Dispute, the International Centre for Expertise of the ICC shall appoint such Expert and shall administer such expert determination through the ICC’s Expert Rules.
The Party desiring an expert determination shall give the other Party to the Adjustment Dispute notice of the request for such determination.
The Expert’s decision shall be final and binding on the Parties to the Adjustment Dispute unless challenged in an arbitration pursuant to Section 36.1 within thirty (30) Days of the date the Expert’s decision.
The Expert shall be and remain at all times wholly impartial, and, once appointed, the Expert shall have no ex parte communications with any of the Parties to the Adjustment Dispute concerning the expert determination or the underlying Adjustment Dispute.
The Expert shall endeavor to resolve the Adjustment Dispute within thirty (30) Days (but no later than sixty (60) Days) after his appointment, taking into account the circumstances requiring an expeditious resolution of the matter in dispute.