Default Procedure for Expert Determination
Unless the parties and the Expert agree otherwise, or unless the Expert directs otherwise, the procedure for the Expert Determination in Appendix 2 to the Agreement shall apply.
1.0 The parties shall within five (5) working days of the execution of this Agreement, identify and clarify the issues in dispute by preparation of a joint statement of issues, or otherwise;
2.0 The Applicant shall within ten (10) working days of the execution of this Agreement, serve on the Respondent and the Expert in hard copy by courier, a copy of its submissions in relation to the disputed matters together with all supporting documents and evidentiary material relied upon.
The Applicant’s submissions shall include:
3.0 The Respondent shall within five (5) working days after receiving the Applicant’s submissions on the disputed matters, serve on the Applicant and the Expert in hard copy by courier, a written response to the Applicant’s submissions.
4.0 The Respondent’s written response to the Applicant’s submissions on the disputed matters shall include:
5.0 The Expert may request any party to provide further submissions or evidential material which shall be provided to the Expert and the other party within three (3) working days of receipt of any such request and in the manner requested by the Expert.
6.0 The other party may file a submission in response with the Expert and the other party within a further three (3) working days.
7.0 The Expert will then make a Determination of the disputed matters as soon as practicable after receiving the parties’ submissions and evidential material.