sec.433AParties may request arbitration

### sec.433A Parties may request arbitration This section applies if— a party has given a conference election notice, or an ADR election notice, to another party about a dispute about a matter mentioned in section 425 (a) ; and at the end of the period applying under section 427 (2) or (4) , the parties have not resolved the dispute. Either party may give a notice (an arbitration election notice ) to the other party requesting the other party to participate in an arbitration to decide the dispute. The arbitration election notice must state— details of the matters the subject of the dispute; and the name of an arbitrator, who is independent of both parties, proposed to conduct the arbitration; and that, if the request for arbitration is accepted, an application to the Land Court under section 434 for a decision about the dispute can not be made; and that the costs of the arbitration are payable by the parties as mentioned in section 433E ; and any other information prescribed by regulation. 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 the request for arbitration is accepted under subsection (4) , the parties may, within 10 business days after the acceptance, jointly appoint the arbitrator proposed under subsection (3) (b) , 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. In this section— prescribed arbitration institute means an entity for appointing arbitrators that is prescribed by regulation. s 433A ins 2018 No. 24 s 266 (sec.433A-ssec.1) This section applies if— a party has given a conference election notice, or an ADR election notice, to another party about a dispute about a matter mentioned in section 425 (a) ; and at the end of the period applying under section 427 (2) or (4) , the parties have not resolved the dispute. (sec.433A-ssec.2) Either party may give a notice (an arbitration election notice ) to the other party requesting the other party to participate in an arbitration to decide the dispute. (sec.433A-ssec.3) The arbitration election notice must state— details of the matters the subject of the dispute; and the name of an arbitrator, who is independent of both parties, proposed to conduct the arbitration; and that, if the request for arbitration is accepted, an application to the Land Court under section 434 for a decision about the dispute can not be made; and that the costs of the arbitration are payable by the parties as mentioned in section 433E ; and any other information prescribed by regulation. (sec.433A-ssec.4) 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.433A-ssec.5) If the request for arbitration is accepted under subsection (4) , the parties may, within 10 business days after the acceptance, jointly appoint the arbitrator proposed under subsection (3) (b) , or another arbitrator, to conduct the arbitration. (sec.433A-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.433A-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.433A-ssec.8) In this section— prescribed arbitration institute means an entity for appointing arbitrators that is prescribed by regulation. - (a) a party has given a conference election notice, or an ADR election notice, to another party about a dispute about a matter mentioned in section 425 (a) ; and - (b) at the end of the period applying under section 427 (2) or (4) , the parties have not resolved the dispute. - (a) details of the matters the subject of the dispute; and - (b) the name of an arbitrator, who is independent of both parties, proposed to conduct the arbitration; and - (c) that, if the request for arbitration is accepted, an application to the Land Court under section 434 for a decision about the dispute can not be made; and - (d) that the costs of the arbitration are payable by the parties as mentioned in section 433E ; and - (f) any other information prescribed by regulation.