86ZB
In forceArbitrator's power to terminate arbitration
Part 9AThird party access regime
Division 6Reference of dispute to arbitration
86ZB Arbitrator's power to terminate arbitration
(1)
An arbitrator may at any time terminate an arbitration without making an award if the arbitrator is satisfied—
(a)
the subject matter of the dispute is trivial, misconceived or lacking in substance; or
(b)
the proponent has not engaged in negotiations in good faith;
or
(c)
the terms and conditions on which the access is to be provided should continue to be governed by an existing contract or award.
(2)
Before terminating an arbitration under this section, the arbitrator must give the regulator an opportunity to make representations on the matter.
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