60.12  Reference to Arbitration296

If:

60.12.1 there is any dispute in respect of matters referred to in clauses 27 (Market Testing)], 42 (Compensation on Termination for Force Majeure), 43 (Compensation on Termination for Contractor Default), 44 (Compensation on Termination for Authority Default/Voluntary Termination/Authority Break Point), 45 (Compensation on Corrupt Gifts, Fraud and Refinancing Breaches), 52 (Change in Law) or the Change Protocol;

60.12.2  either party is dissatisfied with or otherwise wishes to challenge the Adjudicator's decision made in accordance with clause 60.6 (Adjudicator's Decision); or

60.12.3  both parties agree,

then either party may (within twenty (20) Business Days of receipt of the Adjudicator's decision, where appropriate), notify the other party of its intention to refer the dispute to arbitration.  Such notification shall invite the other party to concur in the appointment of a sole arbitrator who shall be a solicitor, barrister or arbitrator recognised by the Chartered Institute of Arbitrators of not less than ten (10) years' standing (the Arbitrator).  If the parties are unable within ten (10) Business Days to agree the identity of the Arbitrator, either party may request the President of the Law Society to make the appointment.

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296  See footnote 15 to Section 28 of SoPC4 which provides that the parties may incorporate provisions to go to court at this stage instead of arbitration.