Section 28: Powers of the Panel

(1) The Panel shall have power to arbitrate-
(a) in any dispute raising questions as to the interpretation of any of the provisions of a Performance Agreement; or
(b) in any dispute on the performance or non-performance by any enterprise of its undertakings under a Performance Agreement.
(2) A dispute on the performance or non-performance by any of the parties to the Performance Agreement shall, in the case of a commercialised enterprise, lie to that Panel provided that such reference may be made after all reasonable efforts to resolve the dispute have been made and have not been proved.
(3) ....
[Subsection (3) deleted by S.I. 19 of 2001.]