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. 197

Select target paragraph3