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s 38

Termination of arbitration by arbitrator

In force
Part 6Arbitration of access regime disputes

38 Termination of arbitration by arbitrator

An arbitrator may, without making a determination, terminate the arbitration at any time if the arbitrator considers that any of the following grounds exists:

(a)

the notification of the dispute was vexatious;

(b)

the subject matter of the dispute was trivial, misconceived or lacking in substance;

(c)

the party who notified the dispute has not engaged in negotiations honestly;

(d)

access to the services should continue to be governed by an existing contract between the access provider and the third party;

(e)

if the dispute is about varying an existing determination—there is no sufficient reason why the previous determination should not continue to have effect in its present form.

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