36. Settlement of disputes - arbitration
If any dispute or difference arises between the Buyer and the Supplier or any matter or thing arising out of or relating to the Contract which cannot be otherwise resolved and mediation is unsuccessful, or the Parties agree not to use mediation, then such dispute or difference shall be referred to arbitration and final decision by a person to be agreed between the Parties, or, failing agreement as to the person within 14 days after either party has given to the other a written request to reach an agreement as to the appointment of a specific Arbitrator, then a person is to be appointed by an independent but appropriate body agreed by the Parties hereto and in accordance with the provisions of the Arbitration Act 1996. The award of such Arbitrator shall be final and binding on the Parties.