Div 3Conciliation and reference to arbitration

Division 3—Conciliation and reference to arbitration 15—Conciliation and reference to arbitration (1) On receipt of a request to refer an access dispute to arbitration, the regulator must (subject to this clause)— (a) if the parties to the dispute agree—attempt to settle the dispute by conciliation; or (b) if the parties do not agree or they agree but after making a reasonable attempt to do so the regulator fails to settle the dispute by conciliation—appoint an arbitrator or arbitrators and refer the dispute to them. (2) The regulator is not obliged to attempt to settle the dispute by conciliation or refer the dispute to arbitration if, in the regulator's opinion— (a) the subject matter of the dispute is trivial, misconceived or lacking in substance; (b) the access seeker has not provided information reasonably requested by the access provider under clause 10(3); (c) the access seeker has not negotiated in good faith or has resorted to arbitration prematurely or unreasonably; or (d) the regulator is satisfied, on the application of a party to the dispute, that there are good reasons why the dispute should not be referred to arbitration. (3) A dispute cannot be referred to arbitration if— (a) the dispute involves only one access seeker and, before the appointment of the arbitrator, the access seeker notifies the regulator that the access seeker does not want to proceed with the arbitration; or (b) the dispute involves 2 or more access seekers and, before the appointment of the arbitrator, all access seekers notify the regulator that they do not want to proceed with the arbitration. 16—Arbitrator to be qualified (1) The regulator must keep a list of persons who are suitably qualified to be appointed as arbitrators but may appoint as an arbitrator a person who is not included in the list if the occasion requires. (2) An arbitrator must be a person who— (a) is independent of the parties to the dispute; (b) is not subject to the control or direction of the Government of either the Northern Territory or South Australia in any capacity; (c) is properly qualified to act in the resolution of the dispute; and (d) has no direct or indirect interest in the outcome of the dispute. (3) Before appointing an arbitrator, the regulator must consult with each of the parties to the dispute and must attempt (but is not bound) to make an appointment that is acceptable to all parties. (4) If it appears to the regulator— (a) that a dispute includes, or may include, an interface issue; and (b) that the access seeker is, or may be, involved in a dispute under a corresponding access regime, then the regulator should, in making an appointment under this clause, endeavour to appoint a person who can also act under the corresponding access regime. (5) If the regulator is unable to appoint a person under subclause (4) who is able to act under a corresponding access regime, the person appointed under this clause to act as an arbitrator must, in respect of any interface issues involved in a dispute, endeavour to consult with any person appointed to act as an arbitrator under the corresponding access regime.