[COMC 32] Arbitration of access disputes32 

32

(1) If a dispute exists with respect to an access regime, a party to the dispute may refer the dispute to arbitration under this Part.

(2) The Arbitration Act 1965 applies to arbitration under this Part subject to this Part and the Regulations.

(3) A dispute is taken to exist with respect to an access regime if—

• (a)the third party and the access provider are unable to agree about any aspect of access to the infrastructure facilities or the services provided under that regime; or
• (b)the third party and the access provider are unable to agree about a variation of an existing determination.

(4) The parties to a dispute referred to arbitration under this Part are the third party and the access provider.