FIRST ARBITRATION

IN THE MATTER OF THE ARBITRATION ACT 1996 AND IN THE MATTER OF AN ARBITRATION BETWEEN:

RAIL TRACK PLC

Claimant

and

GREAT NORTH EASTERN RAILWAY LIMITED

Respondent

ADDITIONAL AWARD OF COSTS

WHEREAS

(A) On 10 April 2002 I published my Final Award in this Arbitration.

(B) The place of the Arbitration is London.

(C) In my Final Award I awarded and adjudged that the Respondent should pay to the

Claimant the costs, charges and expenses incurred by the Claimant with reference

to their Arbitration, and that the Respondent should pay my fees and costs and expenses

of and incidental to the hearing of the Arbitration, and the drawing, working and publishing of the Award.

(D) The parties exchanged written submissions in relation to costs and requested me to

determine and assess the costs on the basis of the written documents alone.

(E) I have considered the arguments and deliberated on the issues which I am required to

determine.

NOW THEREFORE I, John Manners Jarvis, HEREBY MAKE AND PUBLISH THIS MY

ADDITIONAL AWARD:

(1) For the reasons which are delivered and form part of this Additional Award:

(A) I award and adjudge that the Respondent shall pay to the Claimant the sum of

£140,731.85 being the costs charges and expenses incurred by the Claimant with

reference to this Arbitration together with the fees, costs and expenses of and incidental to

the hearing of this Arbitration and the drawing making and publishing of the Award.

(B) I award and adjudge that the Respondent shall pay the further sum of £2000 being my

costs of this additional Award.

(C) This additional Award is subject only to the provisions of the Arbitration Act.

GIVEN UNDER MY HAND the 11 lh day of June 2002

John Jarvis QC