The ENE Process
- Parties agree to have recourse to ENE to resolve their dispute.
- An impartial evaluator is appointed with mutual consent of parties.
- Both parties and the appointed Evaluator agree in writing on their respective roles and responsibilities in the ENE process.
- The agreement must be as comprehensive as possible and should include the clauses relating to:
- Impartiality of the Evaluator;
- The confidential and “without prejudice” nature of the ENE Process;
- The binding nature of the evaluation;
- The Evaluator’s fees and share of each party;
- The Time period of the ENE Process;
- The ENE Procedure;
- The scope of documents each party will be required tdisclose;
- The scope of the dispute and the elements to be considered by the Evaluator;
- Parties and Evaluator agree on the commencement of the proceedings and method to run the ENE – Hearings or only on basis of documentation submitted by parties.
- Both parties prepare and submit their case details to the Evaluator for assessment.
- The Evaluator assesses the case details and submit his/her decision, which is mainly a review of the case, an assessment of each party’s merits and the likely outcome of any trial. The Evaluator’s assessment is typically restricted to the scope specified in the agreement drawn at the start of the ENE process and the decision framed in accordance with the terms thereon.