30.2  Independent determination

(a)  Where the Panel is unable to resolve the dispute, the Panel will (depending on the nature of the disputed matter) refer the matter for independent determination either by:

(i)  an independent expert; or

(ii)  an arbitrator.

(b)  Matters of a technical or financial nature (including disputes over compensation amounts) will generally be referred to an independent expert for resolution. However, arbitration may be the appropriate course in other circumstances. The project agreement may specify what matters will be referrable to the independent expert in the first instance.