Facts upon which the Independent Expert’s Report must be based.
In both cases they comprise:
- Facts that have been agreed by the Parties;
- Facts where the Parties cannot agree, as determined by the Tribunal.
- Revised facts as determined by the Tribunal, following an application from the Independent Expert ‘for some or all … to be amended, supplemented, or omitted’.
All three can arise at any stage in the proceedings.
Facts Relating to the Question