Paragraph 11 Dispute resolutionF1

(1)

Article 40 of this Order does not apply to provisions of this Schedule.

(2)

Any difference in relation to the provisions in this Part of this Schedule must be referred to—

(a)

a meeting of the Managing Director of Net Zero Teesside Power Limited and/or the Managing Director of Net Zero North Sea Storage Limited, whichever is the relevant party and the Chief Executive Officer of Anglo American Crop Nutrients Limited to seek agreement on the matter in dispute within 21 days from the date of a dispute first being notified in writing by one Party to the other; and

(b)

in the absence of the difference being settled within that period, to be settled by a single independent and suitable person who holds appropriate professional qualifications and is a member of a professional body relevant to the matter in dispute acting as an expert, such person to be agreed by the NZT Undertaker and the undertaker or, in the absence of agreement identified by the President of the Institute of Civil Engineers, who must be sought to be appointed within 28 days of the notification of the dispute.

(3)

The fees of the expert are payable by the Parties in such proportions as the expert may determine or, in the absence of such determination, equally as between the Parties.

(4)

The expert must—

(a)

invite the Parties to make submissions to the expert in writing and copied to the other party to be received by the expert within 21 days of the expert’s appointment;

(b)

allow each Party an opportunity to comment on the submissions made by the other provided they are received within 21 days of the receipt of the submissions referred to in sub-paragraph (a) above;

(c)

issue a decision within 42 days of receipt of the submissions submitted pursuant to sub-paragraph (a) above; and

(d)

give reasons for the decision.

(5)

The expert must consider where relevant—

(a)

the development outcomes sought by the NZT Undertaker and the undertaker;

(b)

the ability of the NZT Undertaker and the undertaker to achieve the outcomes referred to in sub-paragraph (a) above in a timely and cost-effective manner;

(c)

any increased costs on any Party as a result of the matter in dispute;

(d)

whether under the NZT Order or the Order, the NZT Undertaker’s or the undertaker’s outcomes could be achieved in any alternative manner without the NZT Specified Works being materially compromised in terms of increased cost or increased length of programme; and

(e)

any other important and relevant considerations.

(6)

Any determination by the expert is final and binding which the Parties must comply with and is enforceable by the Parties by injunction except in the case of manifest error in which case the difference that has been subject to expert determination may 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) by the President of the Institution of Civil Engineers.

Annotations

Textual amendments

F1: Sch. 12 inserted (11.3.2024) by The Net Zero Teesside Order 2024 (S.I. 2024/174), art. 1, Sch. 3 para. 3 (with arts. 42, 43, Sch. 12)