Paragraph 96 I1

Subject to paragraph 96(2), any difference or dispute arising between the undertaker and WPD arising out of or in connection with this Schedule shall, unless otherwise agreed in writing between the undertaker and WPD, be referred to and finally resolved by arbitration pursuant to the arbitration rules of the Electricity Arbitration Association in force from time to time. The seat, or legal place, of arbitration shall be London, England.

If any legal proceedings are commenced in a court by a third party against either the undertaker or WPD (the Defendant Contracting Party), the Defendant Contracting Party may seek to bring a claim in those proceedings against the other Party which would otherwise be a claim referable to arbitration by virtue of paragraph96(1) and the court in which legal proceedings has been commenced may determine such a claim between the undertaker and WPD provided that no arbitration has been commenced between the Parties prior to the commencement of legal proceedings involving the same or substantially the same issues raised by or involved in such a claim.