21.   Many expert clauses provide that the parties should, in the first instance, try to agree on the expert to whom the issue will be referred.

22.   Care should be taken to ensure that the person or institution designated by the expert clause to take on this role is willing to do so.

23.   There are some precedents of expert clauses in circulation naming certain bodies as appointing authorities which do not undertake that function.

24.   Any other matters not covered in the expert clause can also be dealt with in terms of reference.

25.   Serious difficulties can arise when a contract is varied without proper consideration of the effect of the variation on the expert clause.

26.   Both parties accepted that the court had jurisdiction to do this despite the expert clause.

27.   Expert clauses and terms of reference may characterise the decision the expert is to make by the use of certain adjectives or longer, more elaborate qualifications.

28.   Expert clauses often provide that the decision is to be final and binding in the absence of manifest error.

29.   This has to be approached by looking at the expert clause and other instructions given to the expert.

30.   The parties could agree to prevent the expert from carrying out his own independent investigations, either in the expert clause or at the start of a reference.