11.   It may be of some importance to provide in the expert clause that the parties have the right to make representations.

12.   If that right is not set out in the expert clause the agreement of the parties will be needed for it to become part of the reference.

13.   Expert clauses which set out the procedure in more detail than providing that the parties have the right to make representations are probably not very helpful.

14.   If an expert clause is unclear, it may have to be clarified by the court.

15.   The expert clause is a clause in a contract and it will therefore be subject to the same rules of interpretation as a contract.

16.   Can the law of implied terms be used to imply any other of the elements of an expert clause set out earlier in this chapter?

17.   As so often is the case, it all depends on the wording of the expert clause.

18.   Some expert clauses seek to make the appointing authority responsible for ensuring the expert has suitable qualifications.

19.   Some expert clauses have referred the issue not just to one expert but to two experts and an umpire.

20.   Where the expert clause establishes the identity of the expert conclusively, it will not be necessary to provide for the selection and appointment of the expert.