expertise

QUADRA ADR RULES RULES APPLICABLE TO EXPERTISE PROCEDURES ADMINISTERED BY QUADRA version 2.1 (march 2011)

1. The following rules apply to those Quadra ADR procedures in which one or more disputing party(ies) obtain(s) from one or more third party(ies) (hereafter referred to as "The Expert") a written and detailed description ("The Expertise") of any matters of law or fact relating to a given controversial situation.
2. The Expert may be asked, by at any one of the parties involved and at any time during the procedure, to suggest possible ways to solve the controversial question ("The Recommendation"). In the event that, during the course of the same procedure, the Expert formulates more than one Recommendation, the most recent one shall replace the previous one(s), with regard to those parts that are therein contradictory.
3. The parties may agree to make the Recommendation binding. Choosing this option, they will be bound to conform with the Recommendation, without delay, from the very moment that they receive notice of it, without prejudicing the possibility of a separate verification aimed at ascertaining the validity of their position.
4. In the event that the parties show willingness to avail themselves of a Quadra Expertise procedure, Tiaki s.r.l. (hereinafter referred to as "Quadra") will first ensure that a written agreement is reached among all the involved parties, the Expert and Quadra itself, with regard to the course of the Expertise, its costs (including the Expert's fees and expenses, and Quadra's administrative fees), and whether eventual Recommendations shall be binding.
5. The Expert shall be appointed by Quadra, after conferring with the parties. S/he will be selected on the basis of her/his knowledge of the subject-matter under dispute. During the whole Expertise procedure, the Expert shall remain independent from the parties, and impartial regarding the outcome of the dispute.
6. The parties shall be obliged to keep a deposit at Quadra's to cover procedure costs. The deposit shall be determined by Quadra who may modify it at any time in the view of the prevailing circumstances. Failing this, Quadra may ask the Expert to stop his/her activity, allowing the parties a reasonable deadline within which they are to make the required deposit. In the event that the deposit remains outstanding, Quadra may relieve the Expert from his/her duty to provide the Expertise and eventual Recommendations, and declare the procedure closed.
7. The Expert determines the Expertise procedure course. S/he shall also pay attention to remain neutral, and ensure that all parties are offered the possibility to check on the procedure course, and formulate all the comments they consider relevant.
8. The Expert may require the parties to provide any clarifications and documentation s/he considers relevant. S/he may also carry out inspections and ascertainment.
9. Before formulating any Recommendation, the Expert shall submit the draft to Quadra for approval. Quadra may impose formal changes in order to prevent doubts and contradictions with any previous Recommendations.
10. The Recommendations and Expertise shall be conveyed to the parties by Quadra, by means of an original copy signed by the Expert. This communication shall exempt the Expert from any further obligation of notice and communication.
11. Quadra is the depositary of the original Expertise and may issue a copy of it exclusively to the parties upon request.