Disputes
The Adjudicator is the “back stop” to resolve disputes
between Arqiva and its customer base (actual or
potential). A dispute is said to occur when normal
commercial negotiations have failed to reach an agreement.
The Adjudicator cannot be used as part of the negotiating
process or as a mediator.
The Adjudication Rules are contained in Appendix 2 of the
Undertakings; this section summarises the rules and sets
out the process to be followed to register a dispute for
Adjudication.
Adjudication Scheme
If commercial negotiations fail, then the issue can be
placed before the Adjudicator for adjudication. In doing
so the following needs to be provided:
- Clear evidence that commercial negotiations have
failed. Without this the Adjudicator may decline to look
at the issue.
- The complainant should present his case succinctly
and provide the supporting evidence (The Notice of
Adjudication).
On receipt of the Notice, the Adjudicator will inform the
complainant within three working days whether or not he
will adjudicate the issue. If the dispute is to be
adjudicated, the Adjudicator will seek such further
information from the complainant, Arqiva and independent
experts as he may need in order to reach a decision.
The Adjudicator will within 7 working days publish a
statement determining the Scope of the Dispute. Within 10
working days of the publication of the statement, the
other party to the dispute will provide a Notice of Reply
containing their response to the Notice of Adjudication.
Unless agreed otherwise, the Adjudicator shall usually
give his decision within 20 working days from the Notice
of Reply. The Adjudicator may call for further information
and make take information from other sources.
The Adjudicator will act as an expert, not a mediator,
arbitrator or conciliator, and will determine the dispute
accordingly. The decision of the Adjudicator is final and
binding on both parties. It should be noted that all
parties are bound to confidentiality during this process.
Subject to the provisions of paras 26-34 of the
adjudication scheme, the Adjudicator may publish
previously confidential information
Adjudication Process
Step 1: The Notice of Adjudication
The referring party submits a Notice of Adjudication to
the Adjudicator. This should contain:
- Nature and description of the dispute
- Details of the contract under which it arises
- Copies of relevant documents
- Detail of where and when the dispute has arisen
- Nature of redress sought
- The steps which have been taken to engage in normal
commercial negotiations
It is important that the Notice is as complete and clear
as possible.
Step 2: Confirmation
The Adjudicator will confirm within 3 working days if he
intends to adjudicate the dispute. He may decline if he
considers that the Notice of Adjudication is incomplete or
considers that insufficient effort has been made by
commercial means to resolve the issue. The Adjudicator may
also decline if the dispute is to be handled by Ofcom
under Section 186 of the Communications Act 2003.
Step 3: Publication of Statement
Within 7 working days from the receipt of the Notice the
Adjudicator will publish a statement determining the scope
of the dispute. The statement will take into account
representations for confidentiality.
Step 4: Notice of Reply
Within 10 working days of the publication of the
Statement (Step 3), the responding party will give a
notice of reply. This will contain their response and any
supporting documents.
Step 5: Adjudication
The Adjudicator will consider the submissions and may
request further information from the parties to the
dispute or take external advice. The Adjudicator will
normally reach his decision within 20 working days of the
Notice of Reply.
Step 6: Notification
Once a decision is reached, this will be notified by the
Adjudicator in writing including his reasons for reaching
his decision. The decision is final and binding.
The Adjudication may resolve the matter finally or may
provide the basis for renewed commercial negotiations.
A summary of the dispute and the adjudication will be
published.
Back to top