Conduct of the Expert determination

4.  Within 7 days of his appointment, the Expert will establish the procedural rules to be applied to the determination which must accord with the following:

(a)  Each party will be entitled to make submissions to the Expert and supply the Expert with relevant data and information.

(b)  Communications from a party to the Expert or from the Expert to a party shall be copied to the other party at the same time and by the same method.

(c)  The Expert will be entitled to make site visits or inspections as he/she considers is necessary or appropriate.

(d)  The Expert shall not take into consideration any document or statement which has not been made available to the other party for comment.

(e)  Any failure by a party to respond to any request or direction by the Expert shall not invalidate the Expert's determination.

(f)  The Expert must give his/her determination in writing with reasons within [42] days of his/her appointment.  The Expert may, but will not be bound to, give the parties a draft of his/her determination in which case the Expert will allow time for the parties to make comments on the draft before the determination is finally issued.