Dispute Resolution - Escalation, Arbitration

Principles

29. The parties agree to use their best efforts to resolve any dispute that may arise under the Site Certification process through good faith negotiations.

30. The parties acknowledge their desire that any irreconcilable dispute or difference shall be resolved by mediation. This is without prejudice to any other right or entitlement that they may have. The rules governing any mediation shall be agreed between the Parties. The Parties agree to the assistance of LEADR (Lawyers involved in Alternative Dispute Resolution) to set the terms of reference for any such mediation and/or to procure mediation at equal cost to the parties or on such other terms as the Parties agree.

Process

31. If an irreconcilable dispute or difference arises between the Applicant and the S.E.E. Manager either party may seek request that the dispute be submitted for mediation within 14 days by way of written notice by one party to the other.

32. However where an irreconcilable dispute or difference arises between the Applicant and the S.E.E. Manager as a result of an application for Site Certification by Applicants, or from the Site Certification process, the dispute shall first be referred to the S.E.E. Manager's Representative for discussion and resolution.

33. If an irreconcilable dispute or difference is not submitted for mediation within 14 days of written notice by one party to the other, or resolved by mediation, either party may by way of 14 days written notice to the other require the matter to be determined by the arbitration of a single arbitrator in accordance with the provisions of the Arbitration Act 1996 (as amended by this Agreement).

34. The arbitrator shall be appointed by the parties or, failing agreement within five Working Days of such notice, appointed as soon as possible by the President of the New Zealand Law Society at the request of either party. The arbitration shall be conducted as soon as possible at Wellington.

35. The parties shall continue to perform their obligations as far as possible as if no dispute had arisen pending the final settlement of any matter referred to mediation or arbitration.

36. Nothing in this section shall preclude either party from taking immediate steps to seek urgent interlocutory relief before a New Zealand Court.

Termination of the Site Certification process

37. In the event that the Site Certification process is terminated, the

• Applicant will be deemed not Certified.

• Participating Agency will be subject to Withdrawal of Site Certification.

Termination of Site Certification process by S.E.E. Manager - failure by Applicants to fulfil Requirements

38. Where the S.E.E. Manager determines that an Applicant is unable to fulfil the requirements of the Site Certification process, that Applicant will be given notice of termination of the Site Certification process in accordance with the notice provisions detailed in this document. If the Applicant is unable to meet the requirements of the Site Certification process within that period, the Site Certification process will be terminated.

39. The S.E.E. Manager reserves the right to recover from the Applicant all direct costs incurred by the S.E.E. Manager, arising from the terminated Site Certification process.

Termination of Site Certification process by S.E.E. Manager - failure to agree costs with Applicants

40. In the event that the S.E.E. Manager and Applicant fail to agree on the costs of the Site Certification process, or apportionment of those costs, the S.E.E. Manager reserves the right to terminate the Site Certification process without liability.

Termination of Site Certification process by Applicants

41. An Applicant may at any point request that the Site Certification process be terminated. The Applicant will give notice to the S.E.E. Manager of their intention to terminate the Site Certification process in accordance with the notice provisions detailed in this document