Council of Ministers Energy Regulation No. 447-2019

PART SIX SETTLEMENT OF DISPUTE

CHAPTER ONE GENERAL

64.General Principles

1/ Any disputes and complaints may be settled by the parties themselves at first amicably.

2/When parties fail to settle their dispute amicably, they may resort either to submit a complaint to the Authority or to a mediator.

3/ When the dispute cannot be resolved through mediation as per sub-article (2) of this

Article it may be settled by arbitration.

4/If the arbitral award under sub-article (3) of this Article is given by the Authority, it shall be final and binding on all parties involved in the arbitration proceeding.

65.Handling Complaint of Customers hearing of customers complaint

1/The customer may submit his complaint to the Authority, where he has exhausted all complaint hearing procedures arranged by the licensee and is not satisfied by the decision of the licensee or the licensee failed to render decision within one month of receiving of such compliant.

2/The customer shall submit his complaint to the Authority in written form within 15(fifteen) days from the date of final decision of the licensee and the Authority shall render the decision within 15

(fifteen) days of receiving such a complaint.

3/the decision given by the Authority on complaint submitted to it pursuant to sub-article (2) of this Article shall be binding and final.

CHAPTER TWO DISPUTE RESOULTION THROUGH

MEDIATION

  1. Appointment of Mediator

1/ When parties to a dispute fail to resolve their dispute amicably by themselves in accordance with Article 64(1), one or both parties to the dispute may submit a request to the Authority for Appointment of Mediator.

2/A request for Appointment of Mediator submitted as per sub article (1) of this article shall contain:

  1. a) the name, addresse of the parties to the dispute;
  2. b) a brief explanation of the nature of the dispute and any specific relief sought; and

c)the name and address of the proposed mediator.

3/The Authority shall appoint a mediator within 10 (ten) days after receipt of a request Appointment of Mediator.

  1. Objection on the appointment of Mediator

1/Any party to the dispute may who for good cause object the appointment of a mediator conducted pursuant to Article 66(3) this Regulation may submit is objection in written with its reason within 5 (five) days to the Authority.

2/The Authority shall give instruction to the disputing parties to bring another proposed mediator when it finds the reason for objecting the appointment is reliable.

3/If the parties fail to agree while conducting selection of mediator pursuant to sub article (2) of this Article and request the Authority to act on their behalf, the Authority shall replace a mediator and notify the parties in writing the replaced mediator within 5(five) days.

  1. Commencing of Mediation

1/The mediator shall commence mediation within 10(ten) days of appointment.

2/The parties of such dispute shall be duty bound to cooperate with the mediator to commence the mediation before the lapse of time specified under sub-article (1) of this Article.

  1. Resignation or Withdrawal of a Mediator

1/The mediator shall replace by other if , after his appointment becomes aware of any circumstances that may create a bias, partiality or lack of neutrality he shall immediately resign and inform the parties to the dispute and the Authority.

2/The Authority shall withdraw a mediator and replace by another mediator after being notified by one or both parties to the dispute, that the mediator shall be disqualified and when it is proved that he has any conflict of interest likely to affect or which might reasonably be perceived to affect the mediator’s independence or ability to act impartially at all times.

  1. Termination of Mediation

1/The mediation shall terminate due to one of the following conditions:

a)when parties settle or fail to settle their disputes by agreement;

  1. b) when the mediator, after consultation with the parties to the dispute, informs the authority

and parties in writing that further attempts to secure outcome of agreement through mediation is no longer appropriate; or

  1. c) if one or all parties to the dispute without a need to present reason, submit to the mediator and the Authority a written notice of their decision to the termination of the Mediation process .

2/ The mediator shall report the final result of the mediation in writing to the Authority.

CHAPTER THREE DISPUTE RESOULTION THROUGH

RBITRATION

71.Arbitration

When the dispute is not settled through mediation pursuant to this Regulation the parties to the dispute may agree to submit their issue to the Authority for arbitration.

72.Establishment of Arbitration Panel

1/The Authority shall establish an arbitration panel to resolve disputes submitted pursuant to Article 71 of this Regulation.

2/The number of arbitrators of arbitration panel established pursuant to sub-article

(1) of this Article, including the chairperson shall not exceed three.

3/Notwithstanding the provision of sub-article (2) of this Article the Authority may, on the basis of the complexity of the issue, determine the issue to be arbitrated by one arbitrator.

4/The Authority may issue a Directive to determine the qualification, appointment, cancellation and replacement of the members of the arbitration panel.

  1. Jurisdiction of Arbitration Panel

The arbitration panel shall have the jurisdiction on the matters covered by the Proclamation, this Regulation and directive to be issued .

  1. The Power Procedure of Arbitration Panel

he Civil Procedure Code shall be applicable for the proceedings of the arbitration panel established in accordance of Article 72 of this Regulation.

  1. Arbitration Service Fee

The Authority shall determine arbitration fee to be paid to arbitrators based on negotiation and consents of the parties directly involved in the case and who are paying for the service.

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