Section 5(1) affirms that the arbitration process provided for in section 5 relates to circumstances where an event organiser is willing to sell broadcasting rights to a designated event to a qualifying broadcaster and where terms have not been agreed. Subsection (2) provides that either party may request the other to agree to the appointment of an arbitrator for the purposes of fixing reasonable market rates. Where the parties are unable to agree on the appointment of an arbitrator, this subsection provides that I may appoint an arbitrator within 21 days of being notified.