(A) CONSIDERING

1. The Arbitral Tribunal refers to:

(i) Procedural Order No. 12, dated 7 July 2012, in which the Arbitral Tribunal decided to appoint one or more expert(s) in order to verify Claimant’s Database (this process being referred to as the “Database Verification”), and

(ii) Procedural Order No. 15, dated 20 November 2012, in which the (majority of the) Arbitral Tribunal determined the scope of the Expert’s Mission as well as the terms and conditions thereof, and decided to invite Dr. Wühler to prepare a “Work Proposal” according thereto. This Work Proposal would then be submitted to the Parties for their comments and the Arbitral Tribunal would then decide whether or not to confirm Dr. Wühler’s appointment as Expert.

2. The Arbitral Tribunal further refers to:

(i) The Work Proposal received from Dr. Wühler on 26 December 2012 and forwarded to the Parties on the same day, his Alternative Work Proposal received by the Arbitral Tribunal on 22 January 2013 and forwarded to the Parties on 25 January 2013, and the Description of the Claims Review Team from Dr. Wühler received by the Arbitral Tribunal on 28 January 2013 and forwarded to the Parties on 1 February 2013.