(1) Where a question cannot be settled by negotiation between the parties arises under this Act a certificate from the officer in command that—
(a) a member of a visiting force was acting within the scope of his or her duties or employment; or
(b) a matter in respect of which judgment was given against a member referred to in paragraph (a) arose while he or she was acting within the scope of his or her duties or employment,
the question shall be submitted to an arbitrator appointed in accordance with subsection (2), and for the purposes of this section the decision of the arbitrator is final and conclusive.
(2) An arbitrator shall be appointed for the purposes of subsection (1) by agreement between the designated State concerned and Saint Lucia from among the nationals of Saint Lucia who hold or have held high judicial office.
(3) If the designated State concerned and Saint Lucia are unable, within 2 months, to agree upon an arbitrator, either the designated State or Saint Lucia may request any person designated in an agreement between Saint Lucia and the designated State or acceptable to the designated State and Saint Lucia to appoint the arbitrator from among the nationals of Saint Lucia who have held high judicial office.