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Expert opinion clauses

An Expert Opinion Clause should focus on the individual contractual purpose and the possible conflicts between the Parties; therefore, a generally valid wording recommendation would be impossible. In a shipbuilding contract the wording could be as follows:

"If during the construction period, the building inspection or the warranty period disagreements between the parties arise if, and if so, and which defects are present, an Expert Opinion proceeding according to the regulations of the German Maritime Arbitration Association for Expert Opinions will be conducted.. The findings of the GMAA Expert on the question of the existence or non-existence of deficiencies and their causes are binding on the parties."

 

 

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