Dispute Resolution Procedure

1.1. Where a party wishes to refer a matter to an Expert the parties shall use reasonable endeavours to reach agreement regarding the identity of the person to be appointed as the Expert and to agree terms of appointment with the Expert as soon as reasonably possible.

1.2. If the parties fail to agree on an Expert and their terms of appointment within 10 (ten) Business Days of either party serving details of a proposed Expert on the other, either party shall be entitled to request The Institution of Mechanical Engineers to appoint the Expert and agree their terms of appointment on behalf of the parties.

1.3. Except for procedural matters, the scope of the Expert’s determination shall be limited to determining whether or not the Products have passed the Final Acceptance Tests.

1.4. The parties shall co-operate with the Expert and shall provide such assistance and access to such documents, personnel, books and records as the Expert may reasonably require for the purposes of making their determination.

1.5. The parties shall be entitled to make written submissions to the Expert and each party shall, with reasonable promptness, supply the other party with all such information and access to its documentation, books and records as the other party may reasonably require in order to make a submission to the Expert.

1.6. The Expert may in their reasonable discretion determine such other procedures to assist with the conduct of their determination as they consider just or appropriate including (to the extent they consider necessary) instructing professional advisers to assist in reaching their determination.

1.7. Unless otherwise agreed by the parties, the Expert shall be required to make their determination in writing (including the reasons for the determination) and to provide a copy to each party as soon as reasonably practicable and in any event within 30 (thirty) Business Days of their appointment.

1.8. All matters shall be conducted, and the Expert’s decision shall be written, in the English language.

1.9. The Expert shall act as an expert and not as an arbitrator. Save in the event of manifest error or fraud the Expert’s determination of any matters referred in accordance with this clause shall be final and binding on the parties.

1.10. Each party shall act reasonably and co-operate to give effect to the provisions of this dispute resolution procedure and shall not do anything to hinder or prevent the Expert from reaching their determination.

1.11. Each party shall bear and pay its own costs incurred in connection with the Expert’s determination pursuant to this clause. The Expert’s fees and any costs or expenses incurred in making their determination (including the fees and costs of any advisers appointed by the Expert) shall be borne in the case of a determination made substantially in favour of Wayland Additive, by the Customer; and in the case of a finding made substantially in favour of the Customer, by Wayland Additive. In the event that a finding is not made substantially in favour of one party the Expert’s costs shall be borne in such proportions as the Expert may direct.

IC-SCON-100616-A-Dispute Resolution Procedure, published 31st March 2021