50.1  Reference to arbitration

If:

(a)  (no referral to expert determination): a Dispute:

(i)  which has been referred to the Representatives for negotiation under clause 48.3(a) remains unresolved (in whole or in part) after the expiration of the period for negotiation referred to in clause 48.3(c)(i); and 

(ii)  is not a Dispute which the parties:

A.  must refer to expert determination under clause 48.1; or 

B.  have agreed to refer to expert determination under clause 48.1(e)(ii)A,

either party may refer the Dispute to arbitration by notice to that effect to the other party within 30 Business Days after the date on which the notice under clause 48.3(a) is received or such later date as the parties may agree; or

(b)  (after referral to expert determination): a Dispute has been referred to expert determination under clause 49.1(a) and:

(i)  a determination is not made by the expert within 22 Business Days after the execution of the Expert Determination Agreement by the expert, either party may refer the Dispute to arbitration by notice to that effect to the other party, within 30 Business Days after the execution of the Expert Determination Agreement by the expert;

(ii)  no expert enters into the Expert Determination Agreement with the parties in accordance with clause 49.1(j) within 22 Business Days after the date on which the Dispute is referred to expert determination under clause 49.1(a), either party may refer the Dispute to arbitration by notice to that effect to the other party within 25 Business Days after the date on which the Dispute was referred to expert determination; or

(iii)  a notice of dissatisfaction in respect of the expert's determination is given under clause 49.3, either party may refer the Dispute to arbitration by notice to that effect to the other party, within 5 Business Days after a party gives notice to the other party of its dissatisfaction with the expert's determination in accordance with clause 49.3 in which case the arbitration will be by way of hearing de novo.