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Appointment of an expert to a panel to resolve any matters or disputes between 2 parties. The expert will be paid on an hourly basis.
Party A and the Party B (the Parties) have on [DATE] entered into an agreement (the Agreement).
The Agreement provides for an expert Panel to settle, in the first instance, all matters and disputes arising out of or in connection with this Agreement (the Expert Determination).
The Panel Member has agreed to serve on the terms set out herein.
The Panel Member shall have full power, together with the other members of the Panel, to take the initiative in ascertaining the facts and the law. In particular, the Panel Member shall have power to:
(a) request clarification or additional information from either or both of the Parties:
(b) make such site visits and inspections as he considers appropriate;
(c) convene meetings upon reasonable notice to the Parties at which both Parties shall be entitled to be present;
(d) appoint his own advisers to advise on matters of legal interpretation or expertise outside his own area of expertise on which the Parties are not agreed;
(e) open up, review and revise any decision, approval, recommendation or determination made, notice or certificate given by a Party and/or a Party's Representative;
(f) make use of his own specialist knowledge.
Without prejudice to such powers the Panel shall convene a meeting at the request of either Party to give the Parties the opportunity to make oral submissions before the Panel reaches its decision.
This document should be carefully read by the Parties.
Both parties should sign and return a copy, and once signed, both parties should get a copy. To avoid future disputes, both parties may wish to have their signature witnessed.
If either party wishes to amend the agreement in the future, both parties should agree to do so, and the original agreement and amendments should be recorded in writing and signed by both parties.