Agreement of Conditions). The Parties agree that:
(i) the Expert will act as an expert and not as an arbitrator;
(ii) neither the determination of the Matter, nor the process required by this Agreement is an arbitration and any conference conducted during the determination is not a hearing conducted under any legislation or rules relating to any form of arbitration;
(iii) the rules of evidence do not apply to the determination; and
(iv) the Expert must conduct the determination of the Matter in accordance with the Rules including the Code of Conduct.