This Page was Last Updated on 2
September 2010
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} |