15Arbitration of terms of agreements

15 Arbitration of terms of agreements

(1) A party negotiating an access agreement may, by notice in writing to the other party, refer the terms of the agreement to be determined by an independent arbitrator appointed by the parties. (2) If a notice is given to the other party under subclause (1), the party that gave the notice (the first party) must notify the ACCC, in writing, of the following matters when the notice is given: (a) the first party’s intention to proceed to arbitration; (b) the nature of any dispute between the parties; (c) whether the parties have agreed on the appointment of an arbitrator. (3) If the parties fail to agree on the appointment of an arbitrator within 15 business days after the notice is given, the first party must request the Institute of Arbitrators & Mediators Australia to appoint an independent arbitrator. (4) The arbitrator must determine the terms of the access agreement and notify the parties of the terms. The port terminal service provider concerned must offer to enter into an access agreement with the exporter concerned on the terms determined by the arbitrator within 3 business days of being notified of the terms. (5) In determining the terms of the access agreement, the arbitrator must take into account written representations made by a person, if the arbitrator considers that the person has a sufficient interest in the terms of the agreement. (6) The parties to arbitration under this clause: (a) must bear their own costs of attending the arbitration; and (b) are equally liable for the following costs of arbitration unless they agree otherwise: (i) the cost of the arbitrator; (ii) the cost of room hire; (iii) the cost of any additional input (including expert reports) agreed by both parties to be necessary to the conduct of the arbitration; and (c) are liable for any other costs determined by the arbitrator.