|
|
|
Expand All [+]
Collapse All [–]
Home
About The IESO
Market Data
News and Calendars
Markets and Programs
Services
The Power Grid
Stakeholder Initiatives
Consultations
Advisory Committee
Technical Panel
Working Groups
Standing Committees
Engagement Calendar
Documents
Rules, Manuals and Forms
Rule Amendments
Baseline Calendar
Pending Changes
Technical Interfaces
IT Release Calendar
Market Integrity
|
Dispute Resolution FAQs
The Market Rules include a Dispute Resolution process for the resolution of disputes arising under the Market Rules. This process is formally defined in Chapter 3, Section 2 of the Market Rules and unless specifically excluded, applies as the default process. Disputing parties must comply with these procedures before commencing a civil or other proceeding. Parties to a dispute must commence negotiations within six years of the date on which the event (which is the matter of dispute) occurred, or the date on which the party initiating the negotiation should have been aware of the matter in dispute. Once the formal process begins, there are numerous timelines to be aware of. Parties should carefully follow the Market Rules and the Dispute Resolution Market Manual to ensure that these timelines are met. The Dispute Resolution Panel is comprised of 10 qualified persons with experience in the arbitration or mediation of disputes. Each member of the Panel is independent of the IESO and the Market Participants. Panel members are appointed for a 5-year term. The duties of the Panel are to mediate and arbitrate disputes regarding the application and interpretation of the Market Rules. They are delegated the authority to impose penalties and make orders and directions as specified in the Market Rules. As an initial step, the parties to a dispute are required to attempt to resolve the dispute informally through good-faith negotiations. Parties to the dispute engage in face to face, focussed discussion between authorized representatives of the parties. The intent is to resolve the differences without third party assistance. Each party can take the opportunity to examine the origins of the dispute, its implications, and the other party's perceptions. During this process, each party should also more fully assess and evaluate the merits of its own position. Resolution at this stage benefits both parties, as disputants avoid the financial costs of mediation and arbitration. According to Chapter 3, section 2 of the Market Rules, if good-faith negotiations fail and one of the parties wants to pursue the issue further, they must, within 20 business days, file a Notice of Dispute. The Notice of Dispute must be served on the Respondent(s), filed with the Secretary of the Dispute Resolution Panel and be accompanied by a summary. There is no charge for filing a Notice of Dispute. According to Chapter 3, section 2 of the Market Rules, if you are served with a Notice of Dispute, you must serve (on the Applicant) and file (with the Secretary of the Dispute Resolution Panel) a Response within 10 business days of receiving a Notice of Dispute. It must also be accompanied by a summary of the response. In the event that the dispute goes to arbitration, the summaries of the Notice of Dispute and Response are published on the IESO Website where they serve to inform other market participants of disputes which might affect them. The publication of these summaries also provides an opportunity for affected parties to request standing as intervenors in a dispute. If the dispute is resolved during mediation, the summaries are not published. Mediation is a process that facilitates resolution of a dispute by invoking assistance from an independent Mediator. The Secretary of the Dispute Resolution Panel assigns one member of the Panel to the parties as a Mediator. The selected individual has no authority to determine an outcome. Rather, the Mediator's role is to assist the disputing parties to voluntarily reach a mutually satisfactory agreement. If all parties concur, they can dispense with mediation and proceed to arbitration. The costs of mediation are shared equally between the parties, with each party bearing their own personal costs. If the parties to a dispute dispense with mediation, cannot reach an agreement within 10 days (or longer, if agreed), or if the Mediator determines that it is not useful to continue, mediation is terminated and the parties move to arbitration. The Secretary offers the disputing parties a list of five Panel members available to arbitrate the dispute and appoints one if the parties fail to make a selection. During arbitration, a single Arbitrator hears arguments and issues awards which s/he considers just and reasonable. The award of an Arbitrator is final and binding, subject only to limited rights of appeal or review as prescribed by applicable law. The Arbitrator may award costs for the arbitration to the parties, including intervenors. Arbitration Notices and Decisions are available from this Web site. Once a dispute is formally launched, the Secretary of the Panel oversees the dispute process from beginning to end. The Secretary appoints a Mediator, offers a list of potential Arbitrators and selects an Arbitrator, if necessary. The Secretary maintains a record of most dispute resolution proceedings. Formal documents required by the Market Rules must be filed with the Secretary of the Panel:
Secretary, Dispute Resolution Panel For more information, contact Customer Relations at:
Tel: 905-403-6900 Or send an E-mail to the Market Assessment and Compliance Division at: MACD@ieso.ca |
|||
| Copyright © 2012 Independent Electricity System Operator | ||||
