Expert Appointed by Arbitral Tribunal
91.
After consulting the Parties, the Arbitral Tribunal may:
a) appoint one or more experts to report to it on specific issues to be determined by
the Arbitral Tribunal; and
b) for that purpose, require a Party to give the expert any relevant information or to
produce, or to provide access to, any relevant documents, goods or other personal
property or land for inspection or viewing.
92.
The Arbitral Tribunal must give a copy of the expert's report to the Parties who must
have an opportunity to reply to it.
93.
If a Party so requests, or if the Arbitral Tribunal considers it necessary, the expert must,
after delivery of a written or oral report, participate in a hearing where the Parties must
have the opportunity to cross examine the expert and to call any evidence in rebuttal.
94.
The expert must, on the request of a Party:
a) make available to that Party for examination all documents, goods or other
property in the expert's possession, and provided to the expert in order to prepare
a report; and
b) provide that Party with a list of all documents, goods or other personal property or
land not in the expert's possession but which were provided to or given access to
the expert, and a description of the location of those documents, goods or other
personal property or lands.
Law Applicable to Substance of Dispute
95.
An Arbitral Tribunal must decide the Disagreement in accordance with the law.
96.
If the Parties have expressly authorized it to do so, an Arbitral Tribunal may decide the
Disagreement based upon equitable considerations.
97.
In all cases, an Arbitral Tribunal must make its decisions in accordance with the spirit
and intent of the Agreement.
98.
Before a final Arbitral Award is made, an Arbitral Tribunal or a Party, with the
agreement of the other Parties, may refer a question of law to the Supreme Court for a
ruling.
99.
A Party may appeal a decision in the Supreme Court under Section 98 to the British
Columbia Court of Appeal with leave of the British Columbia Court of Appeal. If the
British Columbia Court of Appeal:
a) refuses to grant leave to a Party to appeal a ruling of the Supreme Court under
Section 98; or
b) hears an appeal from a ruling of the Supreme Court under Section 98
the decision of the British Columbia Court of Appeal may not be appealed to the
Supreme Court of Canada.
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