There can be terms with respect to coming back from service failures. Under paragraph 169.31(1)(b), if a railway fails to comply with an obligation imposed by the arbitrator, there are operational terms that can be in the agreement imposed by the arbitrator that deal with how to come back from a service failure. In paragraph 169.31(1)(a), at the very bottom of that paragraph, there is reference to “communication protocols”. So there can be some dispute resolution practices and processes covered there, but the actual proposal of having the arbitrator impose external dispute resolution, if there is a service failure in the future, is not covered.
There are aspects of what you're referring to that are covered, but not financial penalties per se and not external dispute resolution processes per se.