sch.4-sec.7Resolution of disputed questions

sch.4-sec.7 Resolution of disputed questions

If the commission refers a disputed question to a referee under this deed, each party to the dispute must give the referee— copies of documents in the party’s possession relevant to the claim and the question in dispute; and a written submission on how the question should, in the party’s opinion, be resolved. If the referee asks for further information or assistance from a party to the dispute, the party must provide the information or assistance within the time fixed by the referee. The referee is taken to be an arbitrator appointed under the Commercial Arbitration Act 2013 , and has all the powers of an arbitrator under that Act. After considering the disputed question, the referee may— decide who is to be the claim manager or how the claim costs are to be shared; and make orders to give effect to the decision and for payment of the costs of the proceedings before the referee. The referee’s decision and orders are binding on all parties. The referee must act as quickly as possible and with a minimum of formality. The costs of the referee and of the proceedings before the referee are to be paid by the parties to the dispute in proportions decided by the referee. (sch.4-sec.7-ssec.1) If the commission refers a disputed question to a referee under this deed, each party to the dispute must give the referee— copies of documents in the party’s possession relevant to the claim and the question in dispute; and a written submission on how the question should, in the party’s opinion, be resolved. (sch.4-sec.7-ssec.2) If the referee asks for further information or assistance from a party to the dispute, the party must provide the information or assistance within the time fixed by the referee. (sch.4-sec.7-ssec.3) The referee is taken to be an arbitrator appointed under the Commercial Arbitration Act 2013 , and has all the powers of an arbitrator under that Act. (sch.4-sec.7-ssec.4) After considering the disputed question, the referee may— decide who is to be the claim manager or how the claim costs are to be shared; and make orders to give effect to the decision and for payment of the costs of the proceedings before the referee. (sch.4-sec.7-ssec.5) The referee’s decision and orders are binding on all parties. (sch.4-sec.7-ssec.6) The referee must act as quickly as possible and with a minimum of formality. (sch.4-sec.7-ssec.7) The costs of the referee and of the proceedings before the referee are to be paid by the parties to the dispute in proportions decided by the referee.

• (a) copies of documents in the party’s possession relevant to the claim and the question in dispute; and
• (b) a written submission on how the question should, in the party’s opinion, be resolved.
• (a) decide who is to be the claim manager or how the claim costs are to be shared; and
• (b) make orders to give effect to the decision and for payment of the costs of the proceedings before the referee.