G2 Manner of Dispute resolution

G2.1 Resolution between the parties to the Dispute

(a) If a Dispute arises, NBN Co or Customer may, by written notice to the other, refer the Dispute for resolution under these Dispute Management Rules.

(b) Any Dispute notified under clause G2.1(a) must be referred initially to the other party's Relationship Point of Contact, who must, subject to clause G2.1(d), endeavour to resolve the Dispute within 10 Business Days of the giving of notice under clause G2.1(a) or such other time agreed by NBN Co and Customer.

(c) If the Dispute is not resolved within the time specified or agreed under clause G2.1(b),
then:

(i) NBN Co and Customer may agree to use mediation to resolve the Dispute in accordance with clause G8.1;

(ii) NBN Co and Customer may agree to refer the Dispute to expert determination in accordance with clause G3, except where any circumstances detailed in clause G3.1 exist; or

(iii) either NBN Co or Customer may refer the Dispute to a Resolution Advisor to
arrange for Panel Arbitration in accordance with clause G4 (Referral).

(d) If either NBN Co or Customer believes that a Dispute may be an Industry Relevant
Dispute, it may refer the Dispute to the Resolution Advisor under clause G2.1(c)(iii) prior
to the expiry of the time period in clause G2.1(b). 

G4 Commencing Arbitration Process

G4.1 Referral of Disputes to a Resolution Advisor

(a) A Referral under clause G2.1(c)(iii) must be in writing and in accordance with any procedural requirements notified by the Resolution Advisor to NBN Co from time to time which NBN Co will publish on NBN Co's Website (Referral Notice).

(b) Where a party fails to comply with such procedural requirements, the Resolution Advisor may require the referring party to submit such further information as the Resolution Advisor considers necessary for the Resolution Advisor to assess the nature of the Dispute  and the Resolution Advisor may suspend the time in clause G4.1(d) until he or she has received the information requested from the party making the Referral.

(c) Where the Resolution Advisor receives a Referral Notice, the Resolution Advisor will notify each party to the Dispute of that fact within 1 Business Day of receipt of the Referral Notice.

(d) Each party must, within 5 Business Days (or such other period as may be agreed) of the date of service of the notice referred to in clause G4.1(c), provide to the Resolution Advisor a statement setting out:

(i) a brief history of the Dispute and the circumstances giving rise to it;

(ii) a brief statement of its position in relation to that Dispute;

(iii) its submissions in respect to classification of the Dispute as a Bilateral Dispute or Industry Relevant Dispute;

(iv) any preference the party has for members of the Pool to be appointed to a Panel; and

(v) any other information or documentation requested by the Resolution Advisor. 

G4.2 Constitution of the Panel

(a) The Resolution Advisor will, prior to the expiry of 10 Business Days from the date of
service of the notice referred to in clause G4.1(c):

(i) consult with the parties to the Dispute on the composition of the Panel, except that such consultation on the composition of the Panel will not apply in respect to a party that is later joined as a party to an Industry Relevant Dispute; 

(ii) in accordance with clause G4.2(b) and subject to clause G4.2(c), select 3 current and available members of the Pool for appointment to a panel; and 

(iii) notify the parties in writing of the identity of the Panel Members. 

(b) In selecting members of the Pool to be appointed to the Panel, the Resolution Advisor will take into account:

(i) the preferences of the parties to the Dispute in respect to Pool Members; 

(ii) any circumstances likely to give rise to any real danger of bias on the part of
any member of the Pool in the performance of his or her duties as a Panel
Member, if appointed; 

(iii) the expertise required to assess the nature of the Dispute; and 

(iv) the need for the Panel to include a Legal Practitioner or a Dispute Resolution Practitioner as its chair.

(c) The Resolution Advisor may, if in his or her reasonable opinion no member of the Pool is:

(i) eligible for appointment to the Panel; or
(ii) sufficiently skilled and experienced to classify and resolve the Dispute, select for appointment to the Panel another person whom he or she reasonably considers to be eligible and sufficiently skilled and experienced, but who is not a member of the Pool, and notify the ACCC of such selection. 

(d) Provided the person notified to the ACCC under clause G4.2(c) is approved by the ACCC: 

(i) NBN Co must appoint the person to be a Pool Member; and 

(ii) the parties must appoint that person to the Panel under clause G4.2(g). 

(e) Subject to the provisions of the CAA, the decision of the Resolution Advisor as to the selection of the Panel is final and binding upon all parties to the Dispute. 

(f) Where a party wishes to exercise its rights under the CAA to challenge the appointment of a Panel Member, it must exercise those rights as soon as reasonably practicable. 

(g) The parties must, within 2 Business Days of receiving the notice referred to in clause G4.2(a)(iii), appoint the Panel Members on the Approved Panel Terms, subject to any variation of the Approved Panel Terms permitted to be made by the Resolution Advisor under an SAU.

(h) The Resolution Advisor will promptly, and within 2 Business Days, following appointment of the Panel, provide the Panel with the information provided to it by the parties pursuant to clause G4.1(d) and such other information he or she received in respect to the Dispute. 

G8 Rights to use dispute resolution processes outside of the Dispute Management Rules

G8.1 Mediation

(a) Where the parties agree to resolve the dispute by mediation under clause G2.1(c)(i), these Dispute Management Rules will be suspended for the period of appointment of the mediator.

(b) The parties agree to undertake the mediation in accordance with, and subject to, the Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.

(c) NBN Co and Customer must endeavour, with the assistance of the mediator, to resolve the Dispute within 30 Business Days of the appointment of the mediator, or such longer period as agreed by the parties. 

(d) If the Dispute is not resolved within the time detailed in clause G8.1(c) the parties may agree to refer the Dispute to an Expert under clause G2.1(c)(ii) or a party may make a Referral under clause G2.1(c)(iii).