Common use of Technical expert determination Clause in Contracts

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.

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 $50,00018920.00; 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.

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 $50,00015,000.00; 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.

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 $50,00010,000; 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.

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[Insert $ amount]; 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.

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 $50,00036,457.85; 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.