Common use of Expert Determination Procedure Clause in Contracts

Expert Determination Procedure. (a) Provided the parties are given the opportunity to put their position on the matter in dispute to the Expert, the Expert has absolute discretion to decide on the procedure to be followed, including whether a hearing is necessary, to resolve the Dispute. (b) In any event, the Expert must provide to the parties his written decision on the Dispute as soon as possible and no later than 20 Working Days after the Referral (or such other period as the parties may agree). Unless the parties otherwise agree, the Expert must give reasons for his decision. (c) The Expert's decision, in the absence of manifest error, will be final and binding on the parties. (d) The Expert must act impartially and may take the initiative in ascertaining the facts and the law. (e) The Expert may open up, review and revise any opinion, certificate, instruction, determination or decision of whatever nature given or made pursuant to the Agreement, provided that any such opinion, certificate, instruction, determination or decision is not final and conclusive in nature under the Agreement (unless the parties expressly agree otherwise in writing). (f) The Expert may appoint experts to advise on discrete technical or legal issues in relation to which, in the Expert's sole opinion, the Expert does not have the necessary expertise. (g) All information, data or documentation disclosed or delivered by a party to the Expert in consequence of or in connection with his appointment as Expert must be treated as confidential. All such information, data or documentation will remain the property of the party disclosing or delivering it and all copies will be returned to that party on completion of the Expert's work.

Expert Determination Procedure. (a) Provided the parties to the Dispute are given the opportunity to put their position on the matter in dispute to the Expert, the Expert has absolute discretion to decide on the procedure to be followed, including whether a hearing is necessary, to resolve the Dispute. (b) In any event, the Expert must provide to the parties Referring Party and each of t he Responding Parties his written decision on the Dispute as soon as possible and no later than 20 Working Days after the Referral (or such other period as the parties may agree). Unless the parties otherwise agree, the Expert must give reasons for his decision. (c) The Expert's decision, in the absence of manifest error, will be final and binding on the parties. (d) The Expert must act impartially and may take the initiative in ascertaining the facts and the law. (e) The Expert may open up, review and revise any opinion, certificate, instruction, determination or decision of whatever nature given or made pursuant to the Agreement, provided that any such opinion, certificate, instruction, determination or decision is not final and conclusive in nature under the Agreement (unless the parties expressly agree otherwise in writing). (f) The Expert may appoint experts to advise on discrete technical or legal issues in relation to which, in the Expert's sole opinion, the Expert does not have the necessary expertise. (g) All information, data or documentation disclosed or delivered by a party to the Expert in consequence of or in connection with his appointment as Expert must be treated as confidential. All such information, data or documentation will remain the property of the party disclosing or delivering it and all copies will be returned to that party on completion of the Expert's work.