3  Referral to arbitration

(a)  If the Project Owner determines that the issue will be resolved by referral to arbitration, then any referral of the issue to arbitration must be in accordance with [insert relevant legislation].

(b)  The arbitration will be held in [insert place of arbitration] or any other place as agreed by the ALT.

(c)  The arbitrator of the issue is to be selected by the ALT, which must in Good Faith confer to attempt to agree on an arbitrator within 5 Business Days of the Project Owner notifying the Participants that the issue be referred to arbitration in accordance with this clause 3 of this Schedule.

(d)  If the identity of the arbitrator cannot be agreed by the ALT within the 5 Business Day period referred to in clause 3(c) of this Schedule, the arbitrator will be nominated by [insert nominating body].

(e)  The determination of the arbitrator in respect of the issue made in accordance with this clause 3 of this Schedule will be final and binding on the Participants except where there is a manifest error or the arbitrator has acted in bad faith and a Participant challenges the determination within 5 Business Days of the determination being made by the arbitrator.