Expert determinationE+W+S
7.—(1) Article 42(arbitration) of the Order does not apply to this Part of this Schedule.
(2) Any difference under this Part of this Schedule may be referred to and settled by a single independent and suitable person who holds appropriate professional qualifications and is a member of a professional body relevant to the matter in dispute acting as an expert, such person to be agreed by the differing parties or, in the absence of agreement, identified by the President of the Institution of Civil Engineers.
(3) All parties involved in settling any difference must use best endeavours to do so within 21 days from the date of a dispute first being notified in writing by one party to the other and in the absence of the difference being settled within that period the expert must be appointed within 21 days of the notification of the dispute.
(4) The expert must—
(a)invite the parties to make submission to the expert in writing and copied to the other party to be received by the expert within 21 days of the expert’s appointment;
(b)permit a party to comment on the submissions made by the other party within 21 days of receipt of the submission;
(c)issue a decision within 42 days of receipt of the submissions under sub-paragraph (b); and
(d)give reasons for the decision.
(5) Any determination by the expert is final and binding, except in the case of manifest error in which case the difference that has been subject to expert determination may be referred to and settled by arbitration under article 42.
(6) The fees of the expert are payable by the parties in such proportions as the expert may determine or, in the absence of such determination, equally.
Commencement Information
I1Sch. 8 Pt. 8 para. 7 in force at 10.3.2022, see art. 1