(1)  If a transport operator disputes the amount of compensation that he or she is offered under regulation 12 or 13 , the dispute is to be settled by arbitration.

(2)  The Commercial Arbitration Act 1986 applies to an arbitration as if this regulation were a written agreement between the Minister and the Commission, as one party, and the transport operator, as the other party, to refer the dispute to arbitration.

(3)  In arbitrating a dispute under this regulation, an arbitrator must have regard to the following principles:

(a) the transport operator is not entitled to receive compensation in excess of the amount provided for under regulation 12(3)(a) or regulation 13(2)(a) , whichever applies;

(b) subject to those regulations, the compensation should not exceed fair recompense for the unmerited detriment suffered by the transport operator as a result of actions taken by the Commission during the transitional period;

(c) the transport operator is not entitled to be compensated more than once for the same detriment;

(d) in a case to which regulation 13 applies, the transport operator's responsibility under regulation 13(3) also applies to the arbitration.

(4)  The costs of an arbitration, including the fees and expenses of the arbitrator and the transport operator, are to be paid for by the Commission.

(5)  Notwithstanding subregulation (4) , an arbitrator may order a transport operator to reimburse the Commission for the whole or any part of the costs of an arbitration if the arbitrator reasonably believes that the transport operator has done one or more of the following:

(a) been frivolous, vexatious or dilatory in disputing the amount of compensation, or in the course of the arbitration;

(b) incurred costs that, having regard to the amount of compensation in dispute and the arbitration process, are extravagant or unnecessary;

(c) by any intentional or negligent act or omission, caused the arbitration to fail.

(6)  The Commission may, in a court of competent jurisdiction, recover an amount ordered to be paid to it under subregulation (5) as a debt due to the Commission.