# The Coal Mining Subsidence (Arbitration Schemes) Regulations 1994, Paragraph 12: Termination of arbitration


(1) If at any time before the making of his award in accordance with paragraph 8 the arbitrator determines that in his opinion the claim is not capable of proper resolution under the provisions of this Schedule he shall notify the parties to the dispute—
(a) of his determination; and
(b) of whether, in his opinion, the dispute is capable of resolution in accordance with the General Arbitration Scheme.
(2) If notification is given in accordance with sub-paragraph (1) above the claim shall cease to be subject to arbitration in accordance with the provisions of this Schedule and, unless the claimant gives notice in accordance with sub-paragraph (3) below, the Arbitration Body shall repay the registration fees paid by the claimant and the respondent.
(3) In the event of the arbitrator notifying the parties in accordance with sub-paragraph (1)(b) above that, in his opinion, the dispute is capable of resolution in accordance with the General Arbitration Scheme, the claimant may within 14 days of his receiving that notification notify the arbitrator and the respondent that he wishes the arbitration to proceed in accordance with that Scheme, and accordingly—
(a) the notification by the claimant shall, if accompanied by a registration fee of £25, constitute the making of an application for the purposes of paragraph 1 of Schedule 2;
(b) the Arbitration Body shall be deemed for the purposes of paragraph 2(a) of Schedule 2 to have decided that the dispute is suitable for resolution in accordance with the provisions of that Schedule, and to have notified the parties accordingly;
(c) the sum due from the respondent in accordance with paragraph 3(a) of Schedule 2 shall be reduced by the amount of the registration fee paid by him in accordance with paragraph 3(a) of this Schedule; and
(d) the arbitrator shall conduct the arbitration in accordance with Schedule 2 as if he had been appointed by the Arbitration Body under paragraph 3(b)(i) of that Schedule.

---
Source: https://www.legislation.gov.uk/uksi/1994/2566/schedule/1/paragraph/12 (the official version)
Page: https://openlegislation.uk/coal-mining-subsidence-arbitration-schemes-regulations-1994/schedule-1/paragraph-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.