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Guidelines for Dispute Resolution - Nigerian Communications ...

Guidelines for Dispute Resolution - Nigerian Communications ...

(vii) A statement

(vii) A statement indicating the issues (if any) which have been resolved by the partiesduring the negotiation process.(viii) A brief addressing the issues and containing all relevant provisions of the Act andapplicable NCC regulation and guidelines.(ix)(x)(xi)In the case of price disputes proposed rates or charges, detailed costs/accountinginformation and all relevant supporting information and documentation.Proposed interconnection agreements submitted by both the petitioning party andthe non-petitioning party or the interconnection agreement being negotiated by theparties.Proposed time schedule for the implementation of the terms and conditions of theagreements.(xii) Any condition the party wishes to have imposed together with the justification forsuch.(xiii) Any request for interim ruling pending the decision of the arbitrator.(xiv) All other documents relevant to the dispute and intended to be relied upon asevidence in the arbitration proceedings.3. RESPONSE TO THE PETITION3.1. The non petitioning party may respond to a petition for arbitration within a period oftwenty – one days after the petition is filed in accordance with the Act, NCC regulationsand guidelines and may present any additional issues and provide relevant documentationit wishes to have considered during the negotiation pertaining to any of the issues. Thenon petitioning party shall file the response in six copies at the Commission and at thesame, time serve copies on all parties to the negotiating process. Proof of serve should beobtained and filed at the Commission.3.2. In the event that a response is not filed the arbitrator shall determine the matter onthe basis of the documents before it and in accordance with the Act and applicableNCC regulations and guidelines.4. NEGOTIATION DURING ARBITRATION4.1. Negotiations may continue between the parties in accordance with the NCC guidelinesand regulations pending a final decision by the arbitrator. The parties shall keep the NCCinformed on the progress of the negotiation.24

5. APPOINTMENT OF ARBITRATOR5.1 The Commission shall appoint an Arbitrator it determines to be qualified whomay be a person from the Commission's Staff or outside the Commission within a periodof 14 days after the petition has been filed.5.2 In the event that an Arbitrator dies, in incapacitated or is otherwise incapable ofacting or dealing expeditiously with the dispute, the Commission shall appoint asubstitute Arbitrator and inform the parties accordingly.6. APPOINTMENT OF TECHNICAL ADVISER6.1. The Commission may designate one or more Commission staff personnel or an outsideconsultant to serve as technical adviser to the Arbitrator.6.2. The Commission may also appoint an expert in arbitration practice and procedure to actas consultant to the Arbitrator.7. ARBITRATION PROCEDURE7.1. The Arbitrator shall conduct the arbitration in accordance with the provisions of section76(2) of the Act and to that end adopt procedures appropriate to the case with the aim ofachieving the just, speedy and economical resolution of the issues or disputes.7.2. The Tribunal shall act fairly and impartially between the parties giving each party anopportunity to present its case and deal with that of its opponent.8. COMMUNICATIONS BETWEEN THE PARTIES AND THEARBITRATOR8.1. A party shall not have any communication relating to the subject matter of the arbitrationwith the arbitrator, technical adviser or any of the persons involved in the arbitrationwithout communicating same to the arbitrator and the other party9. PAYMENT OF COST AND FEES9.1. The parties to the proceeding shall bear equally all costs and fees of the arbitrator, that ofany technical experts and consultants retained to assist the arbitrator and theadministrative fees of the Commission as fixed by the Commission in accordance withthe scale in force at the time of the commencement of the proceedings.9.2. Each party shall bear the legal and any other costs incurred by the party to present itspetition or response to a petition filed against it.9.3. As soon as practicable the Communication shall request the parties to pay in equal sharesthe costs of the arbitration stipulated in Clause 9.1.25

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