The parties agree that any controversy or claim arising out
of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration in accordance with California Code
of Civil Procedure Section 1280 et seq., and the then
current rules and
procedures of the American Arbitration Association.
Lord Woolf suggested in his 1996 report, Access to Justice - which led to the
current civil procedure rules - that expert witnesses were used as «adversarial tools» and witnesses
of fact can be used in the same way.