1 Any dispute arising out of or in connection with this Agreement OR clause insert clause number (a Dispute) shall be referred to determination by an expert (the Expert). The Expert shall be a member OR fellow of insert appropriate organisation appointed by agreement in writing between the parties, but in the event of a failure to agree within 10 business days, or if the person appointed is unable or unwilling to act, the Expert shall be appointed on the instructions of the President of name of appointing institution (or any other association that the parties reasonably understand to have replaced it).

2 The Expert shall act on the following basis:

• 2.1 The Expert shall act as an expert and not as an arbitrator and shall act fairly and impartially;

• 2.2 The Expert's determination shall (in the absence of manifest error) be final and binding on the parties;