Unless a State Project Document provides otherwise or the parties otherwise agree, the parties acknowledge and agree that any dispute between the State and Project Co arising in connection with:
(a) (the Project): the Project (including questions concerning a State Project Document's existence, meaning or validity); or
(b) (decisions of Independent Reviewer): any decision of the Independent Reviewer or report of the Handover Reviewer which is not final and binding on the parties,
(each a Dispute) must only be resolved in accordance with the following procedure:
(c) (bona fide claim): first, Project Co must have met the requirements set out in clause 9.7(a)(i) if the Dispute is in respect of a Claim to which clause 9.7 applies;
(d) (negotiation): second, the Dispute must be the subject of negotiation as required by clause 48.3;
(e) (expert determination): third, if the Dispute remains unresolved (in whole or in part) after the expiration of the relevant period for resolution referred to in clause 48.3 and either party wishes to pursue the Dispute:
(i) if the Dispute is expressly referred to in a State Project Document to be a Dispute which may be referred to expert determination in accordance with clause 48.1, the Dispute must be referred to expert determination in accordance with clause 49; or
(ii) if clause 48.1 does not apply:
A. the parties may either agree that the Dispute will be referred to expert determination in accordance with clause 49; or
B. if the parties do not agree in accordance with clause 48.1(e)(ii)A to refer the Dispute to expert determination, either party may refer the Dispute to arbitration in accordance with clause 50.1; and
(f) (arbitration): fourth, if the Dispute has been referred to expert determination in accordance with clause 48.1 or clause 48.1(e)(ii)A , either party may subsequently refer the dispute to arbitration in the circumstances stated in clause 50.1.