(a) Each person involved in the expert determination, including, in particular, the parties and their representatives and advisors, the Expert and the Center, shall maintain the confidentiality of the expert determination and may not use or disclose to any outside party the Determination or any information concerning, or obtained exclusively in the course of, the expert determination, including its existence, except to the extent that:
(i) the parties have agreed otherwise; or
(ii) the information is already in the public domain; or
(iii) disclosure is necessary in connection with legal proceedings relating to the expert determination; or
(iv) disclosure is otherwise required by law.
(b) A party invoking the confidentiality of any information it wishes or is required to submit in the expert determination, shall submit the information to the Expert stating the reasons for which it considers the information to be confidential. If the Expert determines that the information is to be classified as confidential, it shall decide under which conditions and to whom the confidential information may in part or in whole be disclosed and shall require any person to whom the confidential information is to be disclosed to sign an appropriate confidentiality undertaking.
The Determination