86COrders where negotiate/arbitrate regulation applies

1. The court may, on the application of a party (party A) to negotiation or arbitration in respect of goods or services that are subject to negotiate/arbitrate regulation, make either or both of the following orders:

2. an order requiring another party to the negotiation or arbitration (party B) to comply with the relevant section 52P determination in the manner specified by the court:
3. an order requiring party B to pay party A an amount to compensate party A for loss or damage suffered as a result of party B failing to co-operate, or inadequately co-operating with, the negotiation or arbitration.

4. Any application for an order under subsection (1)(b) must be made within 1 year after the date on which the failure to co-operate, or inadequate co-operation, occurred.

5. In setting an amount under subsection (1)(b), the court must have regard to all relevant factors, including—

6. the nature and extent of the failure to co-operate; and
7. the extent to which the failure was the result of factors outside the control of party B; and
8. whether party B has previously been ordered to pay compensation for a similar failure in proceedings under this section.