Rules of Expert Resolution of Follow-up Bill Disputes
1. Definition
The purpose of this Expert Resolution Rule of Follow-up Bill Disputes is to set out the procedural rules envisaged in the event of any dispute arising out of the negotiation or execution of a follow-up bill, which are not covered by any other recognized dispute resolution rules.
2. Jurisdiction
Any dispute arising out of the negotiation, execution or administration of a follow-up bill is subject to the exclusive jurisdiction of this Expert Resolution Rule of Follow-up Bill Disputes.
3. Notice
In the event of a dispute arising out of the negotiation, execution or administration of a follow-up bill, written notice of such dispute shall immediately be given to the other party (ies) to the dispute. The notice should identify the dispute, the parties to the dispute, the amount in dispute (if applicable) and any other information relevant to the resolution of the dispute.
4. Parties
The parties to the dispute may agree in writing to appoint any suitable person, institution or other organization, to act as an independent expert and settlement of the parties’ dispute.
5. Expert Duties
In the event of appointment of an expert, the expert shall be required to:
a. Make an assessment of the dispute and render a binding decision thereon;
b. Formulate a resolution proposal;
c. Furnish the parties with a written statement of conclusions and the reasons therefor; and
d. Act independently and impartially in discharging his/her functions.
6. Preparatory Proceedings
The expert may, with the agreement of the parties concerned, establish a timetable for the preparatory proceedings and hold such preparatory proceedings before the commencement of the expert resolution procedure. During these preparatory proceedings, the parties may exchange information and/or proposals regarding the dispute and discuss the possibility of an amicable settlement.
7. Commencement of Expert Resolution Procedure
The expertise resolution procedure shall commence when the expert receives notification in writing from the parties the entrusted him/her with the task of resolving the dispute.
8. Notification
The parties shall be notified in writing by the expert regarding the date, time and place of the expert resolution procedure. No less than fourteen (14) days notice shall be given to enable the parties to arrange their attendance at the expert resolution procedure.
9. Duration
The duration of the expert resolution procedure shall be determined by the expert and should not exceed two (2) days from the commencement of the proceedings.
10. Location
The expert resolution procedure shall be held at a location as chosen by the expert.
11. Language
The expert resolution procedure shall be conducted in English.
12. Procedure
During the expert resolution proceedings, the expert shall be required to:
a. Decide the admissibility, relevance and materiality of all evidence and arguments brought by the parties to the dispute;
b. Ensure that each party is heard and its views considered;
c. Prioritize the interests of any minors involved in the dispute;
d. Ensure that the parties have the opportunity to express their views and put forward their evidence, arguments and facts before the decision is made;
e. Discourage any defiance of the expert;
f. Make a determination on the dispute and issue a written statement of the conclusions and the reasons therefor; and
g. Protect the confidentiality of all information provided by the parties.
13. Settlement Agreement
The following procedures and requirements shall apply to the execution, performance and enforcement of all settlement agreements made between the parties at or through the expert resolution procedure:
a. The parties shall enter into a written settlement agreement setting out the terms of their agreement as determined by the expert and signed by the parties;
b. The parties shall take all steps necessary to comply with all conditions set out in the agreement;
c. If one or more parties default in their performance or obligations under the settlement agreement, the other party may file a motion at the expert’s office, in order to ensure that the settlement is executed properly;
d. The expert shall certify the settlement agreement; and
e. The settlement agreement shall be enforceable in any court of competent jurisdiction.
14. Costs
The expert shall decide which costs related to the resolution of the dispute and the performance of the settlement agreement shall be borne by each party and these costs shall be apportioned among the parties according to the outcome of the proceedings.
15. Governing Law
The Expert Resolution Rule of Follow-up Bill Disputes shall be governed and construed in accordance with the laws of England and Wales.
