Original publication date not recorded.
[2009] IEHC H419 (High Court, Ireland)
The two parties had entered into a commercial contract (in three separate agreements, two long and one short). The Defendant was paid by the Plaintiff to support and maintain various software. In doing so, the Defendant was to place the source code for certain of its software systems with a third party on the basis that the Plaintiff would be able to access the code should any one of a number of triggering "release events" occur. The contract contained a provision that in the event of a dispute about whether a "release event" had occurred, such a release would occur upon the decision of an independent expert whose appointment was to be mutually agreed, or failing mutual agreement, was to be appointed by the President of the Law Society at the time.
The short form contract contained the following provision:
"The Independent Expert’s decision will be final and binding on all parties to this agreement and shall not be subject to appeal to a court in legal proceedings except in cases of manifest error".
This full content of this article is available to TAE members.
Articles reflect the law and practice at the time of original publication, except where a dated update is shown. Subsequent developments may affect their relevance or accuracy. They are provided for general information and do not constitute legal or professional advice. Obtain appropriate advice on your particular circumstances. Full disclaimer.