Technical expert determination Clause Samples

The technical expert determination clause establishes a process for resolving disputes or questions that require specialized technical knowledge by appointing an independent expert. Typically, when parties disagree on a technical matter—such as the quality of work, compliance with specifications, or interpretation of technical standards—an agreed-upon expert is selected to review the issue and make a binding or advisory decision. This clause ensures that complex technical disagreements are settled efficiently and fairly by someone with the appropriate expertise, thereby avoiding lengthy litigation or arbitration and providing a practical solution to highly specialized disputes.
Technical expert determination. (a) If a party gives a Dispute Notice calling for the dispute to be resolved by technical expert determination: (i) the dispute is to be determined by an independent technical expert in the appropriate field: (A) agreed upon and jointly appointed by the Parties; or (B) in the event that no agreement is reached or appointment made within 14 days, appointed on application of a Party by the then current Chair of the Institute of Arbitrators and Mediators Australia (NSW Chapter); (ii) the independent technical expert is to be appointed in writing and their terms of appointment must not be inconsistent with this clause; (iii) the determination of the dispute by the independent technical expert will be made as an expert and not as a arbitrator and will be in writing and contain the reasons for the determination; (iv) the independent technical expert will determine the rules for the conduct of the process but must conduct the process in accordance with the rule of natural justice; (v) the Parties will each bear their own costs in connection with the independent technical expert process and determination, together with an equal share of the expert's fees and costs; and (vi) any determination made by an independent technical expert under this clause is final and binding upon the Parties except: (A) in the case of fraud or misfeasance by the expert; (B) where the determination of the expert is greater than $50,000; or (C) where the determination is in respect of or relates to termination or purported termination of this Agreement by any Party, in which event the expert is deemed to be giving a non-binding appraisal and any Party may commence legal proceedings after the expert has given their decision.
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Related to Technical expert determination

  • Expert Determination If a Dispute relates to any aspect of the technology underlying the provision of the Goods and/or Services or otherwise relates to a financial technical or other aspect of a technical nature (as the Parties may agree) and the Dispute has not been resolved by discussion or mediation, then either Party may request (which request will not be unreasonably withheld or delayed) by written notice to the other that the Dispute is referred to an Expert for determination. The Expert shall be appointed by agreement in writing between the Parties, but in the event of a failure to agree within ten (10) Working Days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the relevant professional body. The Expert shall act on the following basis: he/she shall act as an expert and not as an arbitrator and shall act fairly and impartially; the Expert's determination shall (in the absence of a material failure to follow the agreed procedures) be final and binding on the Parties; the Expert shall decide the procedure to be followed in the determination and shall be requested to make his/her determination within thirty (30) Working Days of his appointment or as soon as reasonably practicable thereafter and the Parties shall assist and provide the documentation that the Expert requires for the purpose of the determination; any amount payable by one Party to another as a result of the Expert's determination shall be due and payable within twenty (20) Working Days of the Expert's determination being notified to the Parties; the process shall be conducted in private and shall be confidential; and the Expert shall determine how and by whom the costs of the determination, including his/her fees and expenses, are to be paid.

  • Independent Expert The Parties and the other signatories may, upon written agreement, resort to an independent expert in order to obtain a well-grounded opinion that may lead to the settlement of the dispute or controversy. In case such agreement is signed, arbitration may only be filed after issuance of the expert’s opinion.

  • INDEPENDENT PRICE DETERMINATION 6.1 By signing and submitting this bid, the Bidder certifies that the prices in this bid have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder prior to bid opening directly or indirectly to any other Bidder or to any competitor; no attempt has been made, or will be made, by the Bidder to induce any person or firm to submit, or not to submit, a bid for the purpose of restricting competition.

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