‘The Arbitral Tribunal is of the opinion that the resolution of the dispute requires additional information and has therefore decided to appoint an expert for the determination of issues relating to (i) the allegedly still missing documents, and (ii) the allegedly incomplete and/or inoperative software supplied by [Claimant] and the software procured in replacement by [Respondent].

A. Allegedly missing documents

The expert’s mission is:

1. To compare the list of documents declared to be missing by [Respondent]:

- with the list of documents to be delivered according to Annex 19 of the

Contract ...

- with the documents listed as having been dispatched and having been

verified as having been dispatched and received.

2. To indicate

- the documents not having been furnished to [Respondent] by [Claimant];

- the importance and effect of these documents in respect of the proper operation of the plant;

- the design for the project and the equipment as per Price Breakdown in which such missing document(s) is included as per ... the Contract.

B. Software

The expert’s mission is:

1. To verify whether the software procured by [Respondent] is fit for the purpose and is exclusively substituting the software to be delivered under the Contract;

2. To indicate whether the software supplied by [Claimant] is operational, and if

not, to state the reasons therefore and to which party these reasons are attributable;

3. To indicate whether the costs borne by [Respondent] in procuring the replacement software are justified and in line with market conditions or whether it would have been possible for [Respondent] to procure the replacement software at a lesser expense and if so at which cost.

C. Power and duties of the expert

The expert is to visit the site (the place of location of the documents and the software) and the plant. He has the power to obtain from the parties all explanations required, to request all documents needed and make any and all verifications necessary to accomplish his mission. For that purpose the expert may also require information from any third parties, including third-party suppliers.

When carrying out his mission, the expert may be assisted by any person he deems appropriate. He is to secure equal treatment of the parties and their rights to be heard, and in particular to avoid any unilateral communication with either party in the absence of the other. In case of difficulties, the expert is to contact the Chairman of the Arbitral Tribunal.

The expert is expected to submit his report to the Arbitral Tribunal [within two months]. This deadline may be extended by the Arbitral Tribunal if necessary.

D. Appointment of the expert

The parties are granted a period [of two weeks] to agree on a joint nomination of an expert, or alternatively to each submit a list of maximum three expert candidates. Unless an expert is proposed by both parties, the Tribunal is at liberty to designate the expert.

E. Fees and costs

Each party shall advance the fees and costs of the expert in equal shares.’