56Termination of arbitration by arbitrator

56 Termination of arbitration by arbitrator

(1) The arbitrator conducting an arbitration of a dispute under this Division may at any time terminate the arbitration (without making a determination under section 54) if:

(a) all the parties to the dispute jointly request the arbitrator to do so; or

(b) the arbitrator considers that, having regard to matters of which the arbitrator has become aware during the conduct of the arbitration:

(i) the request for appointment of an arbitrator was vexatious; or

(ii) the subject matter of the dispute is trivial, misconceived or lacking in substance; or

(c) the party who requested the appointment of an arbitrator has not engaged in negotiations in good faith.

(2) Before deciding to terminate the arbitration (other than because of a joint request from all of the parties), the arbitrator must consult with the ACCC.

(3) If the arbitrator terminates the arbitration, the arbitrator must issue a certificate stating:

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

(b) the nature of the dispute that was the subject of the arbitration; and

(c) that the arbitration has been terminated; and

(d) that the dispute has not been resolved; and

(e) the reason for terminating the arbitration.

(4) The arbitrator must give a copy of the certificate to:

(a) the ACCC; and

(b) each party to the dispute.

(5) A certificate issued under subsection (3) is not a legislative instrument.