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40. In relation to any dispute arising under this Part of this Schedule (except for those disputes referred to in paragraph 29(11)) the provisions of article 84 (arbitration) shall not apply and any such dispute, unless otherwise provided for, must be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) to the President of the Institution of Civil Engineers.
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