Non-Binding Opinion
29.
Within 21 days after the later of:
a) delivery of the last submission required or permitted in a neutral evaluation under
this Appendix; or
b) completion of a hearing,
the neutral evaluator will deliver to the Parties a written opinion with reasons in respect
of the probable disposition of the Disagreement should it be submitted to arbitral or
judicial proceedings, as the case may be, under the Chapter.
30.
An opinion under Section 29 is not binding on the Parties.
Attempt to Resolve After Opinion
31.
Within 21 days after delivery of an opinion under Section 29, the Parties will meet and
make an effort to resolve the Disagreement, taking into account the opinion of the neutral
evaluator or any other considerations.
32.
If the Parties and the neutral evaluator agree, the neutral evaluator may attend a meeting
under Section 31, and provide any necessary assistance to the Parties.
Failure to Comply
33.
If a Party fails to participate in the neutral evaluation as contemplated in Sections 14 to
21, the neutral evaluator may:
a) provide an opinion based solely upon the information and submissions they have
obtained; or
b) give a written notice of termination of the neutral evaluation
and, in either event, the neutral evaluator must record that Party's failure to participate.
Termination of Neutral Evaluation
34.
A neutral evaluation is terminated when any of the following occurs:
a) the neutral evaluator gives a notice of termination under Section 33(b);
b) the expiration of 30 days after receipt of an opinion under Section 29 or 33, as the
case may be, or any longer period agreed by the Parties;
c) all the Parties directly engaged in the Disagreement agree in writing to terminate
evaluation; or
d) all the Parties directly engaged in the Disagreement sign a written agreement
resolving the Disagreement.
Costs
35.
A Party that has failed to participate in a neutral evaluation as contemplated in Sections
14 to 21 is responsible for its share of the costs of the neutral evaluation, despite its
failure to participate.
186