An expert shall, after delivery of the report, be required to attend for the purpose of cross examination on some or all of the contents of that report, unless the parties agree that such cross-examination is not required.

37.   Default of a Party

Where a party, without sufficient cause, fails to appear at a hearing or to produce evidence, the Tribunal may continue the arbitration after satisfying itself that a reasonable attempt has been made to communicate with the defaulting party. The Tribunal shall make an award based upon the evidence before it.

38.   Formal Without Prejudice Offers of Settlement

At any time before the hearing on the merits, a party may deliver to the other party an offer marked "Without Prejudice" to settle one or more of the issues between it and any other party on the terms specified in the offer. An offer to settle may specify a time within which it may be accepted and it will expire if not accepted within that time.