Dispute - Procedure for Expert Determination

The document titled 'Dispute - Procedure for Expert Determination' is of great importance in resolving disputes that may arise during the progress of works or after abandonment or termination of an agreement. It provides a clear procedure for referring a dispute to expert determination by a panel.

 

The document consists of several sections, each serving a specific purpose. The first section outlines the process of referring a dispute to expert determination. Either party involved in the dispute can give notice to the other party, stating the nature of the dispute, the parties involved, and the relief sought. The notice should be accompanied by a written statement of case and relevant documents. The notice and documents should also be sent to the president of the panel.

 

The second section focuses on the constitution of the panel. Within 7 days of receiving the notice to refer, the president appoints two persons nominated by the parties or their alternates. These two persons, along with the president, form the panel for the dispute. The president notifies both parties of the panel's constitution.

 

The third section describes the procedure for the expert determination. The other party has the right to submit a written response within 28 days, along with any supporting documents. The panel has the power to request clarification or additional information, conduct site visits and inspections, convene meetings, appoint advisers, and make use of their specialist knowledge. The panel also provides an opportunity for oral submissions before reaching a decision.

 

If either party fails to submit a written statement, respond to requests, or attend meetings, the panel proceeds with the expert determination based on the information provided by the other party. All communications between a party and the panel should be copied to the other party.

 

The fourth section focuses on the panel's decision. The panel is required to reach a decision within 90 days of receiving the notice to refer, which can be extended by up to 14 days with the parties' consent. The decision is provided in writing, along with the reasons for the decision. The president has the power to correct any clerical errors or mistakes in the decision.

 

The fifth section addresses the costs involved. Each party bears its own costs, while the reasonable costs and expenses of the panel are shared equally by the parties.

 

The document also includes provisions regarding the involvement of panel members in arbitration or court proceedings, the role of the president, incapacity and replacement of panel members, and the procedure for replacing the president, members, and alternates.

 

Overall, this document provides a comprehensive and detailed procedure for resolving disputes through expert determination, ensuring fairness and efficiency in the process.

How to use this document?

To effectively use the 'Dispute - Procedure for Expert Determination' document, follow these steps:

1. Give notice: If a dispute arises during the progress of works or after abandonment or termination of an agreement, either party can give notice to the other party. The notice should clearly state the nature of the dispute, the parties involved, and the relief sought. It should be accompanied by a written statement of case and relevant documents. Send a copy of the notice and documents to the president of the panel.

2. Panel constitution: Within 7 days of receiving the notice to refer, the president will appoint two persons nominated by the parties or their alternates. These two persons, along with the president, form the panel for the dispute. Wait for the president to notify both parties of the panel's constitution.

3. Submit response: The other party has the right to submit a written response within 28 days of receiving the notice, along with any supporting documents. Make sure to send a copy of all materials to the referring party as well.

4. Cooperate with the panel: The panel has the power to request clarification or additional information from either party. They may also conduct site visits, convene meetings, and appoint advisers. Cooperate with the panel throughout the process.

5. Oral submissions: The panel provides an opportunity for oral submissions before reaching a decision. If you wish to make oral submissions, request a meeting with the panel. Both parties are entitled to be present.

6. Panel's decision: The panel is required to reach a decision within 90 days of receiving the notice to refer. The decision will be provided in writing, along with the reasons for the decision. The president may correct any clerical errors or mistakes in the decision.

7. Share costs: Each party is responsible for bearing its own costs. The reasonable costs and expenses of the panel will be shared equally by the parties.

8. Follow restrictions: Panel members cannot be called as witnesses in any arbitration or court proceedings related to the dispute. They also cannot accept appointments as arbitrators in disputes arising from the agreement.

9. President's role: The president is responsible for the proper conduct of the panel's business. All communications between the parties and the panel should be addressed to the president. If the president is unavailable, a vice-president will take over their duties.

10. Replacement of panel members: If a member or alternate becomes incapable of performing their duties, the president may substitute them with another member or alternate. If the president becomes incapable, the vice-president will replace them. In case of retirement or termination, a replacement will be jointly appointed by the parties.

By following these steps, you can effectively utilize the 'Dispute - Procedure for Expert Determination' document to resolve disputes in a fair and efficient manner.