The National Station Access Conditions

 

This Page was Last Updated on 2 September 2010

 

PART H:   LITIGATION AND DISPUTES

 

Rule, Clause or Condition

Determination

Date of Hearing

Points made within Determination  (Verbatim extracts given in Italics, or between quotes)

H5   Resolution of disputes and claims

AD21

October 2000

Although disputes at a number of stations may have points in common, because each station is the subject of a separate Station Access Agreement, incorporating the standard Station Access Conditions, together with bespoke Annexes and Appendices, disputes have to be considered and determined on the basis of the circumstances at each individual station.   This in turn requires that any reference that might relate to a number of stations, still requires to be supported by data making clear the extent of the difference between the parties, on a station by station basis.  {AD21}

The Station Access Conditions, in relation to the merits of proposed changes, as opposed to the observance of processes, and the proper exercise of authorities, remits resolution of differences to arbitration, not the Committee. 

 

The main concern of the Committee would therefore be to establish whether the parties had made appropriate use of Station Access Condition C in order either to promote change, or to protect their interests by opposing a change.  The Committee noted that should it become apparent that the merits of a particular change was at issue, then resolving the question of merits fell, not to the Committee, but, in accordance with Station Access Condition C4.4 and H5.4, to Arbitration. ”  {AD21paragraph 10}