4.  IDENTITY OF ADJUDICATOR

The Adjudicator nominated to consider a dispute referred to him shall be selected on a strictly rotational basis from the relevant panel of experts appointed in accordance with the following:

4.1.  there shall be two (2) panels of experts, one (1) in respect of construction matters (the "Construction Panel") and one (1) in respect of operational and maintenance matters (the "Operational Panel").  All the experts on each panel shall be wholly independent of the Contractor, the Authority, the relevant Sub-Contractor and any of the major competitors of the Contractor or relevant Sub-Contractor;

4.2.  the Construction Panel shall be comprised of three (3) experts who shall be appointed jointly by the Contractor and the Authority.  Such appointments shall take place within [twenty (20)] Business Days of the date of this Contract;

4.3.  the Operational Panel shall be comprised of three (3) experts who shall be appointed jointly by the Contractor and the Authority.  Such appointments shall take place within [[twenty (20)] Business Days of the Commencement Date];175

4.4.  if any member of a panel resigns during the term of this Contract, a replacement expert shall be appointed by the Contractor and the Authority as soon as practicable;

4.5.  if the Authority and the Contractor are unable to agree on the identity of the experts to be appointed to the panels, [the President for the time being of the Chartered Institute of Arbitrators] shall appoint such expert(s) within twenty (20)] Business Days of any application for such appointment by either Party.

__________________________________________________________________________________________________

175  If operational disputes are capable of arising prior to the Services Commencement Date, an earlier date should be specified for such appointments.