# The Northampton Gateway Rail Freight Interchange Order 2019, Paragraph 22: Dispute Resolution and Arbitration

Extent: E+W+S

(1) Article 48 (arbitration) does not apply to this Part of this Schedule.
(2) All parties involved in settling any difference are to use reasonable endeavours to do so within 42 working days from the date of a dispute first being notified in writing by one party to the other.
(3) In the absence of the difference being settled within the period referred to in sub-paragraph (2) the difference is to be referred to and settled by a single arbitrator to be agreed between the parties except that, failing agreement between the parties of the arbitrator to be appointed, an arbitrator is to be appointed following the expiry of 14 working days from the expiry of the 42 day working days referred to in sub-paragraph (2) on the application of either party—
(a) in the case of matters relating to paragraph 11 of this Part of this Schedule, by the president of the Institution of Engineering and Technology; and
(b) in the case of matters of all other matters relating to this Part of this Schedule, by the president of the Institute of Civil Engineers.
(4) All parties involved in settling any difference by arbitration will use reasonable endeavours to deal with such matters expeditiously and in accordance with the timetable set out in sub-paragraph (5) unless that timetable is varied in accordance with sub-paragraph (6)(b) to allow for the consents referred to in sub-paragraph (6)(a) to be obtained.
(5) The timetable referred to in sub-paragraph (4) is—
(a) the parties must make submissions to the arbitrator in writing, and copied to the other party, within 42 working days of the arbitrator’s appointment;
(b) any comment on the submissions made by either party must be submitted to the arbitrator within 42 working days of the receipt of the submission under paragraph (a);
(c) a maximum of 42 working days extension to either or both of the periods referred to in paragraphs (a) and (b) is to be allowed should a party request such an extension prior to the relevant period expiring, unless the arbitrator is of the view that such an extension would be manifestly unreasonable or unnecessary; and
(d) a decision must be issued within 42 working days of the receipt of the submissions under paragraph (b) or any extension to such period allowed under paragraph (c) subject to sub-paragraph (6).
(6) The parties recognise that—
(a) Network Rail’s compliance with the arbitration timetable referred to at sub-paragraph (5) will be subject to the obtaining by Network Rail of necessary clearance consents and other engineering, regulatory and stakeholder (internal and external) consents required under statute, by regulations or by Network Rail governance procedures; and
(b) the timetable set out in sub-paragraph (5) can be varied by the arbitrator to accommodate the consents and procedures referred to in paragraph (a).
(7) Network Rail must use reasonable endeavours to pursue any consents referred to in sub-paragraph (6) expeditiously.
(8) The fees of the arbitrator are payable by the parties in such proportions as the arbitrator may determine, or in the absence of such determination, equally.

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Source: https://www.legislation.gov.uk/uksi/2019/1358/schedule/13/part/1/paragraph/22 (the official version)
Page: https://openlegislation.uk/northampton-gateway-rail-freight-interchange-order-2019/schedule-13/part-1/paragraph-22
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.