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Guidelines for Dispute Resolution - Nigerian Communications ...

Guidelines for Dispute Resolution - Nigerian Communications ...

2.2 Where there is no

2.2 Where there is no existing arbitration agreement with the other party, the partywishing to commence an arbitration under these rules (the Claimant) shallcollect a Request for Arbitration form - Form NCC I from the Commission uponpayment of the registration fee.2.3 Upon due completion of the Request for Arbitration Form the form shall beserved upon the other party (the Respondent) with copy to the Commission.2.4 The Respondent shall sign and date same and forward it back to the Claimant withcopy to the Commission. The Claimant shall then forward the duly signed originalform back to the Commission. The arbitration commences when the Commissionconfirms in writing that it has received the original application form as signed byboth parties and has accepted the arbitration request.2.5 Within 21 days of confirmation of acceptance from the Commission theClaimant shall forward to the Commission in duplicate a statement establishing itscase together with the supporting documents (hereinafter collectively referred to asthe “claim documents”)2.6 A copy of the claim documents will be sent by the Commission to the Respondentwho shall within 21 days of its receipt send to the Commission in duplicate itsdefence and any counterclaim together with the supporting documents (hereinaftercollectively referred to as the “defence documents”).2.7 A copy of the defence documents will be sent by the Commission to theClaimant who shall within 21 days of its receipt send to the Commission induplicate its response together with any supporting documents (hereinaftercollectively referred to as “reply documents”). The reply documents will be sentby the Commission to the Respondent and must be restricted to points arising fromthe respondents defence or counterclaim. No additional new points must beincluded.2.8 In circumstances where parties have entered into an arbitration agreementprior to the dispute arising, the Claimant shall collect from the Commissionupon payment of the stipulated registration fee a “Notice of Arbitration” formForm NCC 2.2.9 Upon due completion of the Notice of Arbitration the Claimant shall attach aStatement establishing its case with all supporting documents and serve same onthe respondent with copy to the Commission. The arbitration commences when theRespondent receives the Notice of Arbitration.2.10 Within 21 days of the service of the Notice of arbitration and accompanyingdocuments the respondent shall serve its defence with all necessary supportingdocuments on the Claimant. In the event that a counterclaim is alleged, all4

necessary supporting documents must be submitted. The written defence and allsupporting documents must be copied to the Commission.2.10 The Claimant upon receipt of the Respondent’s defence and where applicable anycounterclaim has 21 days within which to submit a response together with anydocumentation in support which must be copied to the Commission. The responsemust be restricted to points arising from the Respondents defence or counterclaim.The Claimant may not include any new points of claim.3. APPOINTMENT OF ARBITRATOR3.1 A sole arbitrator appointed by the commission at such stage as consideredappropriate shall conduct the arbitration. The Commission shall notify theparties of the arbitrator appointed.3.2 If an arbitrator is unable to act for any reason the Commission shall appointanother arbitrator to act in his place.3.3 The arbitrators appointed in accordance with the provisions of this clause shall beand remain at all times independent of any of the parties and the Commission andshall determine the dispute in an impartial and timely manner.4. FORM OF PROCEDURE4.1 The arbitration will be conducted on a documents only basis.4.2 The parties claim and defence documents shall contain the following-a. All allegations of facts or matters of opinion.b. The evidence in proof of the facts.c. The law to be relied upon.d. Signed and dated affidavits containing statement of the evidence of any witnessupon whose evidence the party relies.e. The relief sought or remedies claimed.f. Detailed calculation of any sums claimed.5

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