You're sitting East, so the screen is to your left. Your partner opens and you have the uncontested sequence
1♠-2♦ (game-forcing)
2♠-3♠
4♣
The 4♣ bid appeared after some delay. It's possible that the delay was because LHO chose to ask a question before passing, but the most likely reason for the delay is that partner was considering what action to take. Assume for the sake of this discussion that we think it's 95% that partner was thinking.2♠-3♠
4♣
In this situation, are you constrained by the probability of UI? Note that Law 16B1 speaks of "unmistakeable hesitation".
If you're constrained in that situation, what about in another auction where there's a 60% chance that partner was thinking? Where do we draw the line?