6.  REFERENCE TO THE COURTS/ARBITRATION

6.1.  In the case of any Dispute the value of which is agreed by the parties to be less than the sum specified in Part 3 of Appendix 2 which is referred to an Expert for determination, the decision of the Expert shall be final and binding on the parties, and shall not be subject to any further Dispute Resolution Procedure.  If no sum is specified in Part 3 of Appendix 2 the provisions of this paragraph will not apply.

6.2.  In the case of a Dispute with an agreed value of more than the sum specified in Part 3 of Appendix 2 the decision of the Expert shall be final and binding unless within 90 calendar days of the decision, either party gives notice to the other that it is dissatisfied with that decision and reserves the right to commence proceedings.

6.3.  Any Dispute in respect of which a notice of dissatisfaction pursuant to paragraph 6.2 is given shall be:

(a)  finally determined by the Courts of England and Wales

or

(b)  finally determined by arbitration.  The number of Arbitrators shall be as stated in Part 2 of Appendix 3.  A sole arbitrator, if not appointed by agreement between the parties shall be appointed on the application of either party by the Arbitrator Nominating Body named in Part 2 of Appendix 3.  Where there are to be three Arbitrators, each party shall nominate one arbitrator and those Arbitrators shall agree on the third Arbitrator who shall be Chairman of the Arbitration Tribunal.  The arbitration shall be conducted in accordance with the rules (if any) stipulated in Part 2 of Appendix 3.  The place of arbitration is stated in Part 2 of Appendix 3.1

6.4.  The Courts/Arbitrator(s) shall have power to open up, review and revise any opinion, certificate, instruction, determination or decision given or made under the Agreement.

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1 Delete whichever is not applicable