The East Anglia THREE Offshore Wind Farm Order 2017

Arbitration

85.  If no Proximity Agreement is concluded or the parties shall not have agreed whether paragraph 83 applies within the period specified in paragraph 81 the outstanding matters in dispute must be referred to an arbitrator and the Undertakers’ Works must not commence until the determination of the arbitrator has been made and must only be implemented in accordance with the arbitrator’s determination which is final and binding on the parties (save for manifest or legal error)—

(i) the arbitration shall be decided by a sole arbitrator whose appointment shall be agreed by the parties

(ii) the arbitrator shall be a person (including one who has retired) with not less than ten years’ experience of offshore oil and gas development or offshore wind farm development or as a lawyer or other professional advisor serving those industries

(iii) where the parties fail to agree to appoint an arbitrator within 28 days of the delivery of a notice of arbitration, then upon application the Secretary of State will appoint an arbitrator within 28 days. At any time prior to the appointment by the Secretary of State the parties may make an appointment

(iv) the intention of the parties is that, so far as is practical, the arbitrator should make a determination within 3 months of appointment

(v) the seat of arbitration shall be London