OpenLegislation

Paragraph 132

Original text. Later amendments are not shown.

In relation to any dispute arising under this part of this Part of this Schedule (except for those disputes referred to in paragraph 11) the provisions of article 38 (Arbitration) shall not apply and—

(a)

any dispute or difference arising between the parties as to their respective rights, duties and obligations under these provisions or as to any matters arising out of it or in connection with the subject matters of these provisions must, in the first instance, be referred to a representative of Network Rail and a representative of the undertaker, each of whom holding a senior management position. Those representatives shall meet as soon as possible and shall endeavour in good faith to resolve any dispute or difference amicably.

(b)

The representative of the undertaker shall be the relevant programme Director(s) and the representative of Network Rail shall be the Director, Route Asset Management or, in either case, such other person as may be notified to the other party from time to time.

(c)

Any dispute or difference arising between the parties as to their respective rights, duties and obligations (other than a dispute as to land compensation which must be referred to the Upper Tribunal), which cannot be resolved as set out above is to be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after giving notice in writing to the other) to the President of the Institution of Civil Engineers.