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Dispute - Procedure for Expert Determination

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Procedure for the parties to an Agreement to refer matter / dispute to a Panel of Experts.

Either Party may give notice (the Notice to Refer) to the other Party of its intention to refer a Dispute which has arisen during the progress of the Works for the whole of the Works or after abandonment of the Works or termination or alleged termination of the Agreement) to Expert Determination by the Panel. The Notice to Refer shall set out:

(a) the nature and a brief description of the Dispute;

(b) the names and addresses of the Parties involved;

(c) the nature of the relief sought

and shall be accompanied by the referring Party's written statement of case detailing the grounds upon which the case is based and a copy of those documents upon which the referring Party wishes to rely.

A copy of the Notice to Refer and accompanying documents shall be sent simultaneously to the President of the Panel.

Within 7 days of the receipt of the Notice to Refer the President shall constitute the Panel by appointing the two persons first nominated or, if the President of the Panel shall so decide having regard to the nature of the Dispute, the alternate of such person in his place. The two persons appointed by the President and the President shall comprise the Panel for the Dispute the subject of the Notice to Refer. The President shall forthwith notify both Parties in writing of the constitution of the Panel.

The other Party shall have the right to submit a written response within 28 days of receipt of the documents referred to in paragraph 1 (or such longer period up to a maximum of 42 days as may be granted by the President in his discretion having regard to the complexity of the matters raised in the Statement of Case), together with copies of any documents upon which he wishes to rely, to the Panel, and shall, at the same time, send a copy of all such materials to the referring Party.

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