12Arbitration for insurance purposes

12 Arbitration for insurance purposes

12 Arbitration for insurance purposes

(1) In this rule—

arbitrator means arbitrator of disputes appointed under this rule.

dispute means dispute as to the liability of insurers as referred to in section 151AC of the Workers Compensation Act 1987.

(2) The registrar is appointed as an arbitrator.

(3) The President may appoint as an arbitrator any person approved by the President.

(4) The Tribunal or the registrar may, if the Tribunal or registrar thinks fit, and whether or not any application is made for the order, by order refer a dispute to an arbitrator named in the order, and may, but need not, in the order specify a place where and a day on which the arbitration of the dispute is to take place.

(5) If no place or day is specified in an order made under subrule (4), the registrar may by direction specify such a place or day.

(6) For the purposes of section 20 (1) of the Act, an arbitration under section 38 of the Act is a proceeding before the Tribunal, and a subpoena to give evidence issued in respect of an arbitration must be made returnable before the arbitrator.

(7) In an order made under subrule (4) or a subsequent order—

(a) the Tribunal or registrar may specify the insurers or other persons who are or were parties to the original proceedings before the Tribunal and who are to be parties to the arbitration, and

(b) the Tribunal may join as parties to the arbitration insurers or other persons who were not parties to the original proceedings before the Tribunal.

(8) An arbitrator must, if not prepared to hear and determine a dispute referred to the arbitrator, so inform the Tribunal or registrar as soon as practicable, specifying the arbitrator’s reasons.

(9) If an arbitrator declines or fails to hear and determine a dispute, the Tribunal or registrar must revoke the order referring the dispute to the arbitrator, and may make another order referring the dispute to an arbitrator.

(10) An arbitrator may from time to time adjourn the arbitration of a dispute which the arbitrator has commenced to hear.