Dispute Experts UNC Committee 21 February 2008

The List Twelve people nominated by UNCC If UNCC don’t nominate –Six nominated by Transporters –Six others nominated by Users Each User nominates three Six with most votes are selected

Dispute Resolution May be by –Expert Determination or –Mediation

Expert Determination Each party nominates four experts, who may or may not be on the list Parties seek to agree which expert to use In absence of agreement –Parties submit seven names in order of preference –Whoever appears on every list is appointed If more than one, or none, aggregate the preference given and appoint highest scorer If aggregate score the same, based on order on the list (alphabetic)

Expert Determination (2) Outcome is final and binding (unless fraudulent) Expert costs born equally by parties (unless expert directs otherwise)

Mediation If parties agree to mediation, they should also agree who is to mediate – no mention of the list Aim is to get parties to reach agreement Mediator can suggest an outcome, but non- binding Parties bear costs equally