Commencing expert determination and nomination of the Expert

1.  A party wishing to have a Dispute referred to an Expert for determination shall give notice to that effect to the other party.  The notice shall contain sufficient details of the Dispute to be referred to the Expert to allow the other party to understand the nature of the Dispute and the profession or discipline of the Expert who is to be appointed.

2.  The party to whom the notice is addressed shall within 7 days respond to the notice stating whether or not it agrees that the Dispute should be referred to an Expert for determination.  If it does not agree that the dispute should be referred to an Expert [or it fails to respond to the notice], no Expert shall be appointed.

3.  If the parties agree that the Dispute should be referred to an Expert and they do not agree on the identity of the Expert to be appointed within [24] days from the date of the original notice, the Expert shall be appointed by the Chairman for the time being for the Appointing Body named in Part 3 of Appendix 2 on the application of either party.  Either party may make a written representation to the Appointing Body with respect to the preferred identity and characteristics of the proposed Expert and a copy of any such representation shall be supplied simultaneously to the other party.  The Appointing Body shall have absolute discretion as to the identity of the Expert to be appointed.