In regards to the operations of utility services such as provision of electricity distribution that are normally legislated and regulated by state governments, how does a private provider argue in any technical disputes with the regulators relating to contract/common law but also relating to relevant statutes that governs that particular service. This is important because of the privatisation of government technical services to private enterprises taking into account precedent relating to past judgments.

One example that played out during the 2019 summer heatwave in Australia was the outages in the electricity network in Victoria and South Australia due to peak demand and unscheduled maintenance/breakdown of private generators. What legal defence is available to a generator for such a technical failure in reference to common law and statute. Why would a generator prefer arbitration compared to mediation for resolving technical disputes?