The issue resolution process is as follows.
(a) The ALT must use its best endeavours to resolve the issue at no less than two separate ALT meetings.
(b) If the issue cannot be resolved by the ALT, the Participants can refer the issue to a separate meeting of authorised officers of each Participant (who must meet within 2 Business Days of the issue being referred to them and attempt to resolve the issue within 5 Business Days).
(c) If the authorised officers of each Participant cannot resolve the issue within 5 Business
Days of the issue being referred to them, then, subject to the no litigation or arbitration principle set out in clause 5, the Project Owner must determine (taking into account the nature of the issue) the manner in which the issue is to be resolved by nominating, by notice in writing to the Participants, one of the following issue resolution mechanisms for resolution of the issue:
(1) except in circumstances where the no litigation or arbitration principle set out in clause 5 applies, referral of the issue to arbitration in accordance with clause 3 of this Schedule;
(2) determination of the issue by an expert (Expert) in accordance with clauses 4 of this Schedule; or
(3) except in circumstances where the no litigation or arbitration principle set out in clause 5 applies, commencement of legal proceedings to resolve the issue.