Lead member
Lord Birt
Crossbench, Life peer
Lords
Decision
Not moved
The amendment was not moved. The House was not invited to take a decision on it (though it may have been debated with other amendments).
Amendment text
After Clause 60
insert the following new Clause—
“Resolution process and initial procedures
(1)
This section applies where mediation under section 60 comes to an end by virtue of the occurrence of an event within section 60(6)(b), (c) or (d).
(2)
As soon as reasonably practicable after the occurrence of an event under subsection (1), the IFR must appoint an arbitrator and refer the matter to arbitration.
(3)
A person appointed as an arbitrator under subsection (2) must be a person who the IFR considers to have appropriate skills and experience and, if the dispute relates to financial distributions between specified competition organisers, must be a person who meets the requirements of section (Appointment of mediator)(1).
(3)
Upon the referral under subsection (2), the arbitrator must—
(a)
within 14 days, notify all specified competition organisers—
(i)
that a referral has been made by the IFR,
(ii)
of the grounds for referral,
(iii)
of the timetable for proceedings,
(iv)
of their rights to make representations, and
(b)
establish a resolution period of 90 days beginning with the date of notification.
(3)
During the resolution period, each specified competition organiser must—
(a)
submit initial proposals for financial distribution arrangements including detailed financial projections, implementation mechanisms, supporting evidence and impact assessments;
(b)
engage constructively in resolution discussions;
(c)
provide such information as the arbitrator reasonably requires;
(d)
maintain confidentiality of commercially sensitive information.
(4)
The arbitrator must, during the resolution period—
(a)
facilitate structured discussions between parties;
(b)
evaluate submitted proposals against the principles in section (Principles of determination);
(c)
identify areas of potential compromise;
(d)
provide non-binding recommendations for resolution;
(e)
maintain detailed records of all submissions received, discussions held, positions taken by parties and, attempts at compromise.
(5)
The arbitrator may—
(a)
extend the resolution period once by up to 30 days where all parties agree or substantial progress toward agreement is being made;
(b)
require parties to attend meetings;
(c)
appoint independent experts to provide analysis;
(d)
establish working groups on specific issues.”