(1) ACCS may dismiss a dispute from arbitration without making a determination—
(a) if a party to the dispute is no longer able to participate in the arbitration; or
(b) for any other appropriate reason.
(2) In determining whether to dismiss a dispute, ACCS must have regard to any matters specified in any policies and procedures of ACCS published under section 301ZB.
(3) If ACCS dismisses a dispute from arbitration and is satisfied that there is a genuine dispute in connection with the claim within the meaning of section 298, ACCS must notify the parties to the dispute that—
(a) ACCS is satisfied that there is a genuine dispute in connection with the claim; and
(b) the claimant may apply—
(i) to a court of competent jurisdiction to have the matter determined by the court; or
(ii) subject to section 301C, to ACCS to have the matter determined by further arbitration.
S. 301O inserted by No. 15/2021 s. 35.