sec.91AParty may request arbitration

### sec.91A Party may request arbitration This section applies if— a party has given a negotiation notice under section 84 to another party seeking to negotiate the resolution of a dispute and at the end of the minimum negotiation period, the parties have not negotiated a conduct and compensation agreement or deferral agreement; or a party has given an ADR election notice under section 88 to another party seeking to negotiate the resolution of a dispute and at the end of the ADR period for the ADR, the parties have not entered into a conduct and compensation agreement. Either party may give an arbitration election notice to the other party requesting the other party to participate in an arbitration to decide the dispute. A party given an arbitration election notice must, within 15 business days after the notice is given, accept or refuse the request for arbitration. If a party given an arbitration election notice does not accept the request for arbitration within 15 business days after the notice is given, the party is taken to refuse the request. If the request for arbitration is accepted under subsection (3) , the parties may, within 10 business days after the acceptance, jointly appoint the arbitrator proposed in the arbitration election notice, or another arbitrator, to conduct the arbitration. If the parties do not, under subsection (5) , jointly appoint an arbitrator, the party giving the arbitration election notice must require a prescribed arbitration institute to appoint an arbitrator, who is independent of both parties, to conduct the arbitration. A prescribed arbitration institute does not incur any civil monetary liability for an act or omission in the performance, or purported performance, of a function under subsection (6) unless the act or omission is done or made in bad faith or through negligence. Chapter 7A , part 2 , division 2 applies to the arbitration. s 91A ins 2018 No. 24 s 46 amd 2020 No. 14 s 218 sch 1 ; 2024 No. 33 s 82 (sec.91A-ssec.1) This section applies if— a party has given a negotiation notice under section 84 to another party seeking to negotiate the resolution of a dispute and at the end of the minimum negotiation period, the parties have not negotiated a conduct and compensation agreement or deferral agreement; or a party has given an ADR election notice under section 88 to another party seeking to negotiate the resolution of a dispute and at the end of the ADR period for the ADR, the parties have not entered into a conduct and compensation agreement. (sec.91A-ssec.2) Either party may give an arbitration election notice to the other party requesting the other party to participate in an arbitration to decide the dispute. (sec.91A-ssec.3) A party given an arbitration election notice must, within 15 business days after the notice is given, accept or refuse the request for arbitration. (sec.91A-ssec.4) If a party given an arbitration election notice does not accept the request for arbitration within 15 business days after the notice is given, the party is taken to refuse the request. (sec.91A-ssec.5) If the request for arbitration is accepted under subsection (3) , the parties may, within 10 business days after the acceptance, jointly appoint the arbitrator proposed in the arbitration election notice, or another arbitrator, to conduct the arbitration. (sec.91A-ssec.6) If the parties do not, under subsection (5) , jointly appoint an arbitrator, the party giving the arbitration election notice must require a prescribed arbitration institute to appoint an arbitrator, who is independent of both parties, to conduct the arbitration. (sec.91A-ssec.7) A prescribed arbitration institute does not incur any civil monetary liability for an act or omission in the performance, or purported performance, of a function under subsection (6) unless the act or omission is done or made in bad faith or through negligence. (sec.91A-ssec.8) Chapter 7A , part 2 , division 2 applies to the arbitration. - (a) a party has given a negotiation notice under section 84 to another party seeking to negotiate the resolution of a dispute and at the end of the minimum negotiation period, the parties have not negotiated a conduct and compensation agreement or deferral agreement; or - (b) a party has given an ADR election notice under section 88 to another party seeking to negotiate the resolution of a dispute and at the end of the ADR period for the ADR, the parties have not entered into a conduct and compensation agreement.