51Request for appointment of arbitrator

51 Request for appointment of arbitrator

(1) A party to a dispute may request the ACCC to appoint an arbitrator for the dispute.

(2) If the other party agrees to the making of the request, the request may be for the appointment of a particular arbitrator agreed on by the parties.

Requirements for request

(3) A request for the appointment of an arbitrator for a dispute must be made in writing, and set out the following information:

(a) the names of the parties to the dispute;

(b) the nature of the dispute;

(c) what terms of a proposed service agreement or access agreement, or proposed variation of such an agreement, have not been agreed;

(d) what action has been taken to attempt to resolve the dispute;

(e) what outcome to the dispute the party is seeking;

(f) whether the request is made by the party with the agreement of the other party;

(g) if the appointment of a particular arbitrator is requested (see subsection (2))—the name and contact details of the arbitrator;

(h) any other information the party considers is relevant to the request.

Notification of other party

(4) If the request is made by a party without the agreement of the other party, the ACCC must notify the other party, in writing, of the request as soon as practicable after it is made.

(5) The notification must be accompanied by a written copy of the request.