11.   The practice is found in a wide range of commercial applications, from rent reviews to breach of warranty claims, and from construction disputes to pension scheme transfers.

12.   There are two main standard forms of rent review clauses, from which most forms generally encountered derive.

13.   In Nikko an expert determined the average room rate of a hotel as part of a rent review.

14.   Bernstein and Reynolds prefer rent reviews to be conducted as arbitrations, and that appears also to be the preference of the property community where the rent is substantial.

15.   The obvious example is rent review, where the date for payment of the revised rent is found in the lease, provided it has been properly drafted.

16.   No doubt because of the large volume of applications in connection with rent reviews, the RICS and the ISVA have established more formal procedures.

17.   Tenants tried to injunct the president of the RICS from appointing an independent surveyor to act as an expert in a rent review.

18.   Part four of the RICS guidance notes, deals with recommended procedures for the independent expert conducting a rent review.

19.   It is common in rent review for reasons to be available only if the parties pay the expert higher fees.

20.   The tenant will, however, need to ensure that too wide a use will not have adverse consequences on rent review.