42Methods of determining disputed claims

42 Methods of determining disputed claims

(1)  Subject to this Act, a disputed claim for compensation is to be determined –

(a) by agreement between the acquiring authority and the claimant; or

(b) [Section 42 Subsection (1) amended by No. 9 of 2011, Sched. 1, Applied:01 Oct 2012] with the written consent of the acquiring authority and the claimant, by arbitration under the Commercial Arbitration Act 2011 ; or

(c) with the written consent of the acquiring authority and the claimant, by a Special Arbitrator; or

(d) on the application of the acquiring authority or the claimant, by the Court.

(2)  A disputed claim for compensation is not to be determined by arbitration or the Court unless the claimant's entitlement to compensation has been admitted by the acquiring authority or determined by the Court.

(3)  Notwithstanding subsection (2) , the Court may, on its own motion or on the application of either an acquiring authority or a claimant, hear and determine an application under subsection (1) (d) and an application under section 39 (6) in the same proceedings.