160Appointment of arbitrator

160 Appointment of arbitrator

160 Appointment of arbitrator

(1) This section applies if a non-scheme pipeline access dispute is referred to arbitration under section 159.

(2) The parties to the access dispute may agree to appoint, in accordance with the Rules, an arbitrator to resolve the dispute.

(3) If the parties do not agree to the appointment of an arbitrator within a period specified by the Rules, the AER must—

(a) consult with the parties to the dispute about the appointment of an arbitrator; and

(b) after consultation, appoint an arbitrator the AER considers appropriate for the dispute.

(4) An arbitrator must be a person who—

(a) is independent of the parties to the dispute; and

(b) is properly qualified to act in the resolution of the dispute; and

(c) has no direct or indirect interest in the outcome of the dispute.

(5) If an arbitrator does not, for any reason, complete an arbitration of a dispute, the parties to the dispute may agree to appoint, in accordance with the Rules, an alternative arbitrator to resolve the dispute.

(6) However, if the parties do not agree to the appointment of an alternative arbitrator within a period specified by the Rules, the AER must appoint another arbitrator in the way set out under subsection (3).

s 160: Subst 2022 No 21, sec 75.