66.4  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 selected in accordance with the following:

(a)  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;

(b)  the Construction Panel shall be comprised of three (3) experts who shall be selected jointly by the Contractor and the Authority.  Such selection shall take place within twenty (20) Business Days of the Commencement Date;

(c)  the Operational Panel shall be comprised of three (3) experts who shall be selected jointly by the Contractor and the Authority.  Such selection shall take place within twenty (20) Business Days of the Commencement Date;

(d)  if any member of a panel resigns during the Contract Period, a replacement expert shall be selected by the Contractor and the Authority as soon as practicable;

(e)  in the event that the nominated Adjudicator is unable or unwilling to confirm acceptance of his appointment as Adjudicator within two (2) Business Days of receipt of the Notice of Adjudication, then the Referring Party shall invite the person next in line to act as the Adjudicator.  In the event that the second panel member is unwilling or unable to confirm acceptance of his appointment as Adjudicator within two (2) days or if the parties disagree as to the relevant panel of experts to be used then the Referring Party may apply to the President for the time being of the Chartered Institute of Arbitrators who shall within 3 Business Days of any such application nominate an Adjudicator to determine the issue set out in the Notice of Adjudication.

(f)  if the Authority and the Contractor are unable to agree on the identity of the experts to be selected to the panels, the President for the time being of the Chartered Institute of Arbitrators shall appoint such expert(s) within thirty (30) days of any application for such appointment by either party.